Question on I-765
Feb 1st 2004, 3:08 am
#1
Guest
Posts: n/a
Question on I-765
I am an F1 visa holder with a work permit (OPT) which is effective from Jan
2004 to Jan 2005.
My wife is a US citizen, and she is going to file I-130 and related forms
(I-485) for me in March 2004. My question is that given I have my OPT which
is only valid for 12 months, do I need to file I-765. If my OPT is expired
by Jan 2005 and my permanent residency is still under process, Can I still
work..
Thanks for your advice
John
2004 to Jan 2005.
My wife is a US citizen, and she is going to file I-130 and related forms
(I-485) for me in March 2004. My question is that given I have my OPT which
is only valid for 12 months, do I need to file I-765. If my OPT is expired
by Jan 2005 and my permanent residency is still under process, Can I still
work..
Thanks for your advice
John
Feb 1st 2004, 5:23 am
#2
Forum Regular
Joined: Jun 2003
Posts: 246
Re: Question on I-765
You cannot work if you do not have EAD (I-765). Having AOS under processing, doesn't mean you can work automatically. You still need to apply for EAD for work.
I'm not a lawyer, pls act accordingly.
I'm not a lawyer, pls act accordingly.
Feb 1st 2004, 5:59 am
#3
Guest
Posts: n/a
Re: Question on I-765
jjl wrote:
> I am an F1 visa holder with a work permit (OPT) which is effective from Jan
> 2004 to Jan 2005.
>
>
>
> My wife is a US citizen, and she is going to file I-130 and related forms
> (I-485) for me in March 2004. My question is that given I have my OPT which
> is only valid for 12 months, do I need to file I-765. If my OPT is expired
> by Jan 2005 and my permanent residency is still under process, Can I still
> work..
>
In order to work while waiting for PR status, you will need to file
I-765 and get it approved.
> I am an F1 visa holder with a work permit (OPT) which is effective from Jan
> 2004 to Jan 2005.
>
>
>
> My wife is a US citizen, and she is going to file I-130 and related forms
> (I-485) for me in March 2004. My question is that given I have my OPT which
> is only valid for 12 months, do I need to file I-765. If my OPT is expired
> by Jan 2005 and my permanent residency is still under process, Can I still
> work..
>
In order to work while waiting for PR status, you will need to file
I-765 and get it approved.
Feb 1st 2004, 8:49 am
#4
Guest
Posts: n/a
Re: Question on I-765
It's a grey area whether you can use the OPT authorization to work after
filing to adjust status. Some say yes, the authorization doesn't expire;
some say no, you are no longer in F-1 status and so the OPT authorization is
invalid. I say whichever way it's a minor sin.
After next January there is no doubt - you would need an EAD to continue to
work if your AOS was still pending. Make sure you apply in plenty of time
(by which I mean at least 90 days prior to the OPT expiry).
Andy.
--
I'm not really here, it's just your warped imagination
"jjl" <[email protected]> wrote in message
news:[email protected]...
> I am an F1 visa holder with a work permit (OPT) which is effective from
Jan
> 2004 to Jan 2005.
> My wife is a US citizen, and she is going to file I-130 and related forms
> (I-485) for me in March 2004. My question is that given I have my OPT
which
> is only valid for 12 months, do I need to file I-765. If my OPT is expired
> by Jan 2005 and my permanent residency is still under process, Can I still
> work..
> Thanks for your advice
> John
filing to adjust status. Some say yes, the authorization doesn't expire;
some say no, you are no longer in F-1 status and so the OPT authorization is
invalid. I say whichever way it's a minor sin.
After next January there is no doubt - you would need an EAD to continue to
work if your AOS was still pending. Make sure you apply in plenty of time
(by which I mean at least 90 days prior to the OPT expiry).
Andy.
--
I'm not really here, it's just your warped imagination
"jjl" <[email protected]> wrote in message
news:[email protected]...
> I am an F1 visa holder with a work permit (OPT) which is effective from
Jan
> 2004 to Jan 2005.
> My wife is a US citizen, and she is going to file I-130 and related forms
> (I-485) for me in March 2004. My question is that given I have my OPT
which
> is only valid for 12 months, do I need to file I-765. If my OPT is expired
> by Jan 2005 and my permanent residency is still under process, Can I still
> work..
> Thanks for your advice
> John
Feb 1st 2004, 9:03 am
#5
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Question on I-765
Originally posted by Jjl
I am an F1 visa holder with a work permit (OPT) which is effective from Jan
2004 to Jan 2005.
My wife is a US citizen, and she is going to file I-130 and related forms
(I-485) for me in March 2004. My question is that given I have my OPT which
is only valid for 12 months, do I need to file I-765. If my OPT is expired
by Jan 2005 and my permanent residency is still under process, Can I still
work..
Thanks for your advice
John
I am an F1 visa holder with a work permit (OPT) which is effective from Jan
2004 to Jan 2005.
My wife is a US citizen, and she is going to file I-130 and related forms
(I-485) for me in March 2004. My question is that given I have my OPT which
is only valid for 12 months, do I need to file I-765. If my OPT is expired
by Jan 2005 and my permanent residency is still under process, Can I still
work..
Thanks for your advice
John
If you are working at the SAME JOB you got the OPT for, you don't need an EAD until January 2005.
Getting an EAD now gives your flexibility.
Its up to you what you want to do -- 90 days before your OPT expires, you can file for an EAD based upon the pending AOS. And that can be done on line.
