OPT快到期 將與美國公民結婚

Question

我的OPT在八月底到期, 目前是以OPT身分在工作,但公司不會贊助H1B

我與男友(美國公民)計畫結婚 我的疑問是

1, 因為我的opt快要到期, 如果在七月底八月初時登記申請, 我需要離境嗎? 還是說在美國登記申請後,可以繼續留下?

2, 如再七月底八月初登記申請, 我還可以繼續完成我現在的工作嗎? (與公司簽約到八月底)

3, 我知道我門需要的是I-130以及I-485 除此之外還需要什麼嗎? 因為我們傾向不請律師...

4, 結婚後, 在拿到臨時綠卡前, 是否可以另外申請EAD card以及工作呢?

謝榭!!

Update:

Thanks for both answers.

Gary,

Regarding to my second question, can I file my I-485 while I am still working? I was told that once I-485 is filed, I should not be working until my new EAD card is issued. Is this true? Would they know about it? (if I was working after I-485 was filed?)

Thanks!!!

Answer 1

Favorite Answer

JJ - I am sorry. Some of your answers are actually wrong.

1. Leaving or not depends on if you have applied for adjustment of status (I-485/I-130/I-765) or not.

As soon as you apply for the adjustment as soon as possible, you will be fine (even after your current status expires - and please don't make it too late).

2. No - based on current USCIS progress, it takes about 2-3 months after you apply to receive your EAD with the new category (I-485 pending).

Since it is illegal for any employers to hire a person without proper employment authorization, as soon as your current EAD (OPT) ends, you can't work.

Continue to work may risk your chance in approval for the adjustment.

3. And I-765. Some people, who want to leave the U.S.during the application, may want to apply Advanced Parole (I-131) as well.

The instruction of each petition will tell you what exactly you will need to provide.

4. Yes - through I-765.

2012-07-24 01:07:22 補充：

1. Yes.

2. No - you can continue to work until your current authorization has expired.

3. USCIS knows you are working now (based on F-1 OPT EAD requirement). So no need to worry.

2012-07-24 01:07:41 補充：

What you have to make sure is you don't work beyond the date you are allowed.

Answer 2

1. 移民局收你文件、費用你即暫時合法居留到移民局做出決定前

2. 可 申請I-765

3. http://cctt6688.pixnet.net/blog/post/442565-%E7%B6...

4. 同2