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F1 Initial OPT based EAD or I-485 based EAD

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  • F1 Initial OPT based EAD or I-485 based EAD

    I applied for both Initial OPT and i-485 based EAD.
    Reason which ever comes early I will start job in January.
    I already got i-485 based EAD and can start job.
    Now I realized If I start job by providing AOS EAD then I loose my F1 status.

    In case I need to travel then I may not re-enter USA because I gave up my F1 status . Though I have B1/B2.
    Is my understanding correct?

    Should I wait for initial OPT based EAD and ask my employer to wait?
    C(9) F1-AOS - married to USC (I- 485, I-130, I-765, I-131)
    09/28/18 : PD
    10/15/18 : 4 NOAs
    10/19/18 : Bio appt. letter
    10/29/18 : Bio done
    12/19/18 : new card being produced

  • #2
    Good God, you are overcomplicating this.

    You can use your I-485 EAD to work ANYWHERE in the US. If it is a combo card, it should state at the bottom "I-512 Serves as Advance Parole". It is in your best interest to maintain your F-1 status in case your I-485 is denied. Then, you would have your F-1 status to fall back on.

    Because you applied for AOS, you need to use your Advance Parole to re-enter the US. Other rules apply to other visas like H, L, etc. But for F-1, that's the deal.

    That's basically it.

    Comment


    • #3
      Originally posted by UScitizenFilingforspouse View Post
      Good God, you are overcomplicating this.

      You can use your I-485 EAD to work ANYWHERE in the US. If it is a combo card, it should state at the bottom "I-512 Serves as Advance Parole". It is in your best interest to maintain your F-1 status in case your I-485 is denied. Then, you would have your F-1 status to fall back on.

      Because you applied for AOS, you need to use your Advance Parole to re-enter the US. Other rules apply to other visas like H, L, etc. But for F-1, that's the deal.

      That's basically it.
      goddamn you're a dbag sometimes. If no one has told you, then here. Other people are not as informed as you. They dont spend 24/7 on this forum reading everything. Just Chill and if you can't answer people's question, dont belittle them. I know there is tons of resources out in google but some people sometimes want a quick answer.


      /end rant.
      10/26/2018 - PD
      11/01/2018 - Finger Print Fee deducted/G28 form rejected
      11/19/2018 - Bio Appointment Received
      11/26/2018 - Bio Appt (Missed)
      11/28/2018 - Bio walk-in
      12/06/2018 - Case is ready to be scheduled for interview
      02/12/2019 - Interview Scheduled!
      03/14/2019 - EAD Card Being Produced

      Comment


      • #4
        Originally posted by Teto00 View Post
        goddamn you're a dbag sometimes. If no one has told you, then here. Other people are not as informed as you. They dont spend 24/7 on this forum reading everything. Just Chill and if you can't answer people's question, dont belittle them. I know there is tons of resources out in google but some people sometimes want a quick answer.


        /end rant.
        I think your response is uncalled for. Tone is often lost. I do not think I said anything disrespectful to OP or belittled him/her for that matter. He/She is in fact overcomplicating/overthinking it. It should be OK to say that.

        All the best,

        USCFFS

        Comment


        • #5
          Originally posted by UScitizenFilingforspouse View Post
          I think your response is uncalled for. Tone is often lost. I do not think I said anything disrespectful to OP or belittled him/her for that matter. He/She is in fact overcomplicating/overthinking it. It should be OK to say that.

          All the best,

          USCFFS
          Look at other responses to your comments, you might not think so but there are better way to express yourself. Not going to go off-topic as this forum is intended to provide information to uninformed users. So if you cannot provide that, let their thread go into page 50. No need to make new users feel unwelcome.

          Regards,

          New User who feels peoples confusion
          10/26/2018 - PD
          11/01/2018 - Finger Print Fee deducted/G28 form rejected
          11/19/2018 - Bio Appointment Received
          11/26/2018 - Bio Appt (Missed)
          11/28/2018 - Bio walk-in
          12/06/2018 - Case is ready to be scheduled for interview
          02/12/2019 - Interview Scheduled!
          03/14/2019 - EAD Card Being Produced

          Comment


          • #6
            OP,

            you may also want to double check IF at this point, USCIS will even issue the EAD for your OPT. I am not sure. Usually, folks apply for AOS after they have their OPT-EAD in hand. You got your I-485 EAD first. I do not know if that changes anything. You may ask an attorney, google the answer or ask around.

            Best,

            USCFFS

            Comment


            • #7
              Originally posted by Teto00 View Post
              Look at other responses to your comments, you might not think so but there are better way to express yourself. Not going to go off-topic as this forum is intended to provide information to uninformed users. So if you cannot provide that, let their thread go into page 50. No need to make new users feel unwelcome.

              Regards,

              New User who feels peoples confusion
              Dear Teto00,
              I have been reading this forum for a while and I think United States Citizen is very helpful on the forum and quite patiently helping both old and new users answer all their questions. Of course everyone now and then has a moment of impatience and this is human (I assume you were referring to the Good God addition).

              Your comments about United States Citizen being a dbag is in my opinion uncalled for and overstated.
              If you read back the inputs you will see that there is good intent and lots of help and I appreciate it.

              Happy holidays!
              Employment based AOS (EB1C) - San Bernardino office(CA)

              JUL - 2018 - applications for I-485, I-765 and I-131 concurrent filing
              AUG - 2018 - bio metrics complete
              DEC - 2018 - I-765 & I-131 approved
              DEC - 2018 - combo cards received
              DEC - 2018 - courtesy letter for missing I-693
              DEC - 2018 - social security cards received
              DEC - 2018 - interview for I-485 scheduled
              JAN - 2019 - interview & on the spot approval
              FEB - 2019 - I-485 approved
              FEB - 2019 - green cards in hand 😎

              Comment


              • #8
                Originally posted by BluePanther View Post
                Dear Teto00,
                I have been reading this forum for a while and I think United States Citizen is very helpful on the forum and quite patiently helping both old and new users answer all their questions. Of course everyone now and then has a moment of impatience and this is human (I assume you were referring to the Good God addition).

                Your comments about United States Citizen being a dbag is in my opinion uncalled for and overstated.
                If you read back the inputs you will see that there is good intent and lots of help and I appreciate it.

                Happy holidays!
                It's all good BluePanther. Every 800 posts, I get one of those. Happy Holidays!

                Comment


                • #9
                  Originally posted by UScitizenFilingforspouse View Post
                  It's all good BluePanther. Every 800 posts, I get one of those. Happy Holidays!
                  I know. My response is more geared toward helping Teto than you.
                  I am sure you can live with these kind of comments :-)
                  Employment based AOS (EB1C) - San Bernardino office(CA)

                  JUL - 2018 - applications for I-485, I-765 and I-131 concurrent filing
                  AUG - 2018 - bio metrics complete
                  DEC - 2018 - I-765 & I-131 approved
                  DEC - 2018 - combo cards received
                  DEC - 2018 - courtesy letter for missing I-693
                  DEC - 2018 - social security cards received
                  DEC - 2018 - interview for I-485 scheduled
                  JAN - 2019 - interview & on the spot approval
                  FEB - 2019 - I-485 approved
                  FEB - 2019 - green cards in hand 😎

                  Comment


                  • #10
                    Originally posted by UScitizenFilingforspouse View Post
                    OP,

                    you may also want to double check IF at this point, USCIS will even issue the EAD for your OPT. I am not sure. Usually, folks apply for AOS after they have their OPT-EAD in hand. You got your I-485 EAD first. I do not know if that changes anything. You may ask an attorney, google the answer or ask around.

                    Best,

                    USCFFS
                    Thanks this makes sense. As I have already applied AOS before OPT so I have confusion.
                    BTW I don't think I am overthinking. May be just I don't have correct understanding of how immigration works.
                    Its just that while AOS is pending and If I have to travel to my home country for some reason then I wont have any valid VISA to enter if I dont maintain F1 visa (graduted mid December ). I need to figure out if at all USCIS approved OPT EAD then what will be course of action.
                    C(9) F1-AOS - married to USC (I- 485, I-130, I-765, I-131)
                    09/28/18 : PD
                    10/15/18 : 4 NOAs
                    10/19/18 : Bio appt. letter
                    10/29/18 : Bio done
                    12/19/18 : new card being produced

                    Comment


                    • #11
                      Originally posted by lucky1001 View Post
                      Thanks this makes sense. As I have already applied AOS before OPT so I have confusion.
                      BTW I don't think I am overthinking. May be just I don't have correct understanding of how immigration works.
                      Its just that while AOS is pending and If I have to travel to my home country for some reason then I wont have any valid VISA to enter if I dont maintain F1 visa (graduted mid December ). I need to figure out if at all USCIS approved OPT EAD then what will be course of action.
                      To clarify, you do not have to maintain your F-1 status. You are authorized to be in the US, work in the US and re-enter the US with your Advance Parole,if you ever decide to travel internationally- until USCIS adjudicates your Adjustment of Status petition.

                      Because you applied for AOS, that takes precedence. I hope I am explaining this in a way that makes sense to you.

                      Comment

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