How will my OPT expiration affect my adjustment of status?
My I-526 petition was approved in June 2013. Right now I am doing OPT and my EAD card will be expired in mid-August 2013. Instead of going back home to do the consular processing, I would like to file an adjustment of status here. However my EAD card will be expired soon. Will it be okay if I can file my I-465 petition before the expiration of my EAD card? Will there be any problems for my case?
Yes, you should file your I-485 application before your OPT expires. It is vital to maintain a valid status. There should not be any problems with filing your I-485 prior to the expiration of you EAD. However, your question suggests that you have been granted a conditional permanent residence by the approval of your I-526 petition. If that be the case, regardless of the expiration of your OPT, you are of legal status.
You should file your I-485 application before your OPT authorized period expires. You can file for EAD as part of your I-485 application. Please do not hesitate to contact our office should you have any questions or need further assistance.
If you file your I-485 before your OPT expires, you will not be out of status while your I-485 is being processed. I would strongly recommend you do this through an experienced attorney. If you were represented by an attorney for your I-526, that attorney is more familiar with your case and you should continue that relationship. If for some reason you cannot or do not want to continue with that attorney, hire someone else who is experienced in the area of EB-5.
That should be fine, and request a new work card with the pending I-485. Be sure to file before your OTT grace period expires, the sooner the better to avoid a gap in your right to work. If we can help, let me know.
If your AOS is filed before your EAD expires, you will be fine. Otherwise, it will be important to look at the specific rules as to whether you are lawfully in status. If you are not, you cannot file your AOS as 245K does not apply for EB-5 classification.
My recommendation will be for you to file your I-485 application as soon as you can. You will not be able to work after your EAD expires, but you will receive a new one within 90 days of filling the I-485. If you have any other questions, please do not hesitate to contact me.
Mid-August is very soon, you should hurry to file the I-485. Arguably, if your student I-94 admitted you for "D/S", you have an added 60 days past the OPT expiration date in which you could be considered to be "in status" and so eligible to file the I-485. You absolutely must stop working by the OPT expiration date. Work without authorization would make you ineligible to adjust to resident status. You can, with the adjustment application, apply for interim employment authorization. That would take 60 to 90 days to be approved. You should not work until it is approved. A person with a timely-filed I-485 is generally permitted to stay in the U.S. while it is pending, even past the expiration of their temporary visa. However, international travel during that time could jeopardize the application and should be avoided unless you first get legal advice on the specifics of your situation.
Philip H Teplen
In order to file for adjustment of status, you need to be in valid status. I really would need to speak with you and learn more of your immigration history to fully answer your question.
You should consult with an immigration attorney to review your I-20 and EAD to determine your eligibility and maintenance of non immigrant status. This will be very important to consider before filing the I-485 Application to Adjust Status with USCIS.
Yes, you can file your I-485 before your EAD expires. The only problem is you will not have a valid non-immigrant status during this period and you cannot work or travel outside of the U.S. unless you apply for the travel document and EAD as well. In case your I-485 is denied, you need to leave the U.S. right away. Hope it helps.
You should file your I-485 before your OPT status (and grace period) expires. You should not work without valid authorization. As an applicant pending adjustment of status (assuming it was timely filed), you are authorized to remain in the United States. You may work and travel after receiving the appropriate documentation. You should not leave the United States unless you have a valid advance parole. Assuming you are otherwise eligible for adjustment of status, your application should be approved without interview and you will receive the green card in the mail.
You should discuss the particulars of your case with an experienced Immigration Attorney. However, as a general guide, if you are lawfully present in the US when your I-526 is approved, you may be eligible to apply for adjustment of status and, as part of that application, you may apply for a new EAD. You should not work once your current EAD expires, unless the new EAD has been approved and issued.
You can file your I-485 adjustment of status application (AOS) before your EAD expires assuming you meet all the other requirements of AOS. But you need to stop working beyond your EAD expiration date until you receive your new EAD/AP card based on your I-485 application. Also, you should not travel outside the U.S. until you receive your EAD/AP card. As a general matter, you need to file your adjustment of status before the expiration of your F-1 status. Once your adjustment of status is properly filed while you are still in valid F-1 status, you can stay in the U.S. without accruing unlawful presence. The law gives an F-1 student a 60-day "grace period" after the expiration of his/her EAD. During this period, you cannot work or leave and re-enter the U.S., but you can file for AOS. This means that you could file your I-485 even after your current EAD expires as long as you are still in your 60-day "grace period."
The EAD allows you to work in the US, but does not give you legal status in the US. If you are currently in legal status in the US, you can file the I-485 application to adjust to Conditional Permanent Residency. Our law firm would be happy to assist you with this process, as it is best to proceed with the guidance and assistance of a qualified EB-5 attorney.