Anonymous asked in 教育與參考出國留學 · 9 years ago

OPT快到期 將與美國公民結婚

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?



Thanks for both answers.


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?)


2 Answers

  • Gary
    Lv 7
    9 years ago
    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.

  • JJ
    Lv 7
    9 years ago

    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


    4. 同2

Still have questions? Get your answers by asking now.