Ant Crook

Hi all,
I currently posses an OPT EAD which expires in May 2004. If I get married,
say in March 2004, am I still eligible to continue working on the OPT until
the new EAD is issued. Do I get a new EAD or is my current one just updated.

Thanks for reading this, any help is appreciated
Ant

Andy Platt

Getting married will not change your status in the slightest. If you are
getting married to a US citizen I take it you will want to apply to adjust
status to a permanent resident? That would change your status though the
state of your OPT EAD falls into the grey area. Some people say it becomes
invalid once you file because you are no longer in the same non-immigrant
state; others says it's OK. In any case the usual advice is the same: Apply
for an EAD when you file to adjust status.

If you are not marrying a US citizen then there's no real issue because you
couldn't file to adjust status.

Andy.

--
I'm not really here - it's just your warped imagination.

"Ant Crook" <[email protected]> wrote in message
news:[email protected]...
    > Hi all,
    > I currently posses an OPT EAD which expires in May 2004. If I get married,
    > say in March 2004, am I still eligible to continue working on the OPT
until
    > the new EAD is issued. Do I get a new EAD or is my current one just
updated.
    > Thanks for reading this, any help is appreciated
    > Ant

Ant Crook

Hi Andy,
Thanks for the reply.
I will be marrying a USC. Does your status change immediately upon the
receipt of your application by the INS? If not, what would your status be
while the INS is reviewing your application? From reading most this
newsgroup it looks like it can take years.
I have also read that a new EAD can be issued on the same day as filing the
I-765. I am going to be employed before I get married. So when I file for
adjustment of status, etc, does that mean I will have to quit my job and
wait for new EAD approval?

Ant

"Andy Platt" <[email protected]> wrote in message
news:[email protected]...
    > Getting married will not change your status in the slightest. If you are
    > getting married to a US citizen I take it you will want to apply to adjust
    > status to a permanent resident? That would change your status though the
    > state of your OPT EAD falls into the grey area. Some people say it becomes
    > invalid once you file because you are no longer in the same non-immigrant
    > state; others says it's OK. In any case the usual advice is the same:
Apply
    > for an EAD when you file to adjust status.
    > If you are not marrying a US citizen then there's no real issue because
you
    > couldn't file to adjust status.
    > Andy.
    > --
    > I'm not really here - it's just your warped imagination.
    > "Ant Crook" <[email protected]> wrote in message
    > news:[email protected]...
    > > Hi all,
    > > I currently posses an OPT EAD which expires in May 2004. If I get
married,
    > > say in March 2004, am I still eligible to continue working on the OPT
    > until
    > > the new EAD is issued. Do I get a new EAD or is my current one just
    > updated.
    > >
    > > Thanks for reading this, any help is appreciated
    > > Ant
    > >
    > >

Andy Platt

"Ant Crook" <[email protected]> wrote in message
news:[email protected]...
    > Hi Andy,
    > Thanks for the reply.
    > I will be marrying a USC. Does your status change immediately upon the
    > receipt of your application by the INS? If not, what would your status be
    > while the INS is reviewing your application? From reading most this
    > newsgroup it looks like it can take years.

Your status is pending permanent resident or pending adjustment of status
and is effective upon receipt. Yes, it can take years in the worse regions,
months in the best.

    > I have also read that a new EAD can be issued on the same day as filing
the
    > I-765. I am going to be employed before I get married. So when I file for
    > adjustment of status, etc, does that mean I will have to quit my job and
    > wait for new EAD approval?

I'm not sure if any places give out same-day EADs any more. Anyway,
continuing to work in your job before the EAD arrives is that grey area I
was talking about.

Andy.

--
I'm not really here - it's just your warped imagination.