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Hi everyone,
I am an F-1 student planning to get married to a USC in April/May 2018 (and filing an AOS around May 15). I am also currently eligible to apply for post-completing OPT even though I haven't graduated yet (PhD with all requirement completed). Since noticing all the delays in AOS processing recently (including EAD), I am now wondering if applying for OPT asap (before March 19) makes sense even if I am planning to apply for AOS (including EAD) within about 2 months - my International Student Office has noticed delays in OPT-EAD as well but only to the tune of about 100-ish days (in place of 90). So, if I applied for OPT this week, I could "hope" to have the permit in July.
My question is about the legality of both, applying for and then working on an OPT, while waiting for AOS-based EAD to come through. I have heard two answers -
1) Non-dual intent visa means that I should stop working with an OPT-EAD as soon as I have applied for AOS. In other words, I need to think about maintaining my F-1 status and non-immigrant intent everyday I work on OPT. So, as soon as AOS is sent in I am declaring my immigration intent and hence shouldn't work on OPT.
2) Working on OPT is fine while waiting for AOS-EAD. People do it even if it is a gray area.
Can any one point me to the particular section of the USCIS policy manual that can shed more light on this? Or if you have been in this situation and got through the AOS process without a hitch, I would like to know that as well.
THANKS!
I am an F-1 student planning to get married to a USC in April/May 2018 (and filing an AOS around May 15). I am also currently eligible to apply for post-completing OPT even though I haven't graduated yet (PhD with all requirement completed). Since noticing all the delays in AOS processing recently (including EAD), I am now wondering if applying for OPT asap (before March 19) makes sense even if I am planning to apply for AOS (including EAD) within about 2 months - my International Student Office has noticed delays in OPT-EAD as well but only to the tune of about 100-ish days (in place of 90). So, if I applied for OPT this week, I could "hope" to have the permit in July.
My question is about the legality of both, applying for and then working on an OPT, while waiting for AOS-based EAD to come through. I have heard two answers -
1) Non-dual intent visa means that I should stop working with an OPT-EAD as soon as I have applied for AOS. In other words, I need to think about maintaining my F-1 status and non-immigrant intent everyday I work on OPT. So, as soon as AOS is sent in I am declaring my immigration intent and hence shouldn't work on OPT.
2) Working on OPT is fine while waiting for AOS-EAD. People do it even if it is a gray area.
Can any one point me to the particular section of the USCIS policy manual that can shed more light on this? Or if you have been in this situation and got through the AOS process without a hitch, I would like to know that as well.
THANKS!
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