b******8
发帖数: 205 | 1 我的情况：
去年毕业，用opt工作了一年，今年7月收到EAD/AP,可是8月受到了opt EAD 延期的批准
(大约6月份递的申请)； 我想问的是现在我工作用的是哪个？
而且，我刚跟公司说了辞职（鸡肋工作）， 但是没想到legal 的问题。我的工作到 这
个月底。请问如果10月份没有工作了，我是不是算out of status了？因为问了律师他
说我劳工虽然有EAD/AP，可实际上他还是H1.而我则需要转成h4才能in status?
急问知道的大侠！！！先谢！ |
k**w
发帖数: 963 | 2 My understanding is that if u haven't used ead/ap, u r still on opt status.
Opt gives u 4 months of unemployed grace period. So as long as u can get
greened within 4 months, u should be fine |
b******8
发帖数: 205 | 3 Thanks for replying.
My opt was granted last July, then I started to work last September. So I
already used up 2 months. My OPT extension was granted to start this July
again, does that mean, as long as I can find a job before December, I should
be fine?
Also, what about if I cannot find the job before December? Can I go out of
the country to use the AP/EAD, then if I am back I should be on the status
of EAD/AP?
But the laywer mentioned that since my husband is still on H1, I should
transfer to H4 if I don't work.
Bless for the GreenCard coming soon!!
.
【在 k**w 的大作中提到】
: My understanding is that if u haven't used ead/ap, u r still on opt status.
: Opt gives u 4 months of unemployed grace period. So as long as u can get
: greened within 4 months, u should be fine
|
k**w
发帖数: 963 | 4 Give urself 2 months to find a new job. Or if ur planning on staying home,
use up ur opt before changing to h4. U may be already greened by then |
t***n
发帖数: 546 | 5 who is the primary filer of I-140 that your I-485 is based on?
If it's your LG. You are fine. You are currently still F1-OPT, after it
expires, you automatically become AOS. You will always be legal. No need to change to H4.
If you are the primary filer, then losing job is dangerous. Your I-485 might
get rejected if you are out of employment.
【在 b******8 的大作中提到】
: 我的情况：
: 去年毕业，用opt工作了一年，今年7月收到EAD/AP,可是8月受到了opt EAD 延期的批准
: (大约6月份递的申请)； 我想问的是现在我工作用的是哪个？
: 而且，我刚跟公司说了辞职（鸡肋工作）， 但是没想到legal 的问题。我的工作到 这
: 个月底。请问如果10月份没有工作了，我是不是算out of status了？因为问了律师他
: 说我劳工虽然有EAD/AP，可实际上他还是H1.而我则需要转成h4才能in status?
: 急问知道的大侠！！！先谢！
|
T*******y
发帖数: 6523 | 6 Re this.
You are AOS, and legal to stay even if not in H4.
to change to H4.
might
【在 t***n 的大作中提到】
: who is the primary filer of I-140 that your I-485 is based on?
: If it's your LG. You are fine. You are currently still F1-OPT, after it
: expires, you automatically become AOS. You will always be legal. No need to change to H4.
: If you are the primary filer, then losing job is dangerous. Your I-485 might
: get rejected if you are out of employment.
|
b******8
发帖数: 205 | 7 My husband is the primary filer.
I am not very sure about this: "after OPT expires"
for example, if I don't work starting from 10/1, then by 12/1 I will use up
the legal unemployment time, so the opt will expire on 12/1, then my AOS
will start to valid from 12/1? Am I understanding correctly?
Thanks so much
to change to H4.
might
【在 t***n 的大作中提到】
: who is the primary filer of I-140 that your I-485 is based on?
: If it's your LG. You are fine. You are currently still F1-OPT, after it
: expires, you automatically become AOS. You will always be legal. No need to change to H4.
: If you are the primary filer, then losing job is dangerous. Your I-485 might
: get rejected if you are out of employment.
|
s*******t
发帖数: 7746 | 8 You should be fine as above response said.
Your AOS starts when your 485 is filed. Has nothing to do with your OPT. No
need to change to H4.
up
【在 b******8 的大作中提到】
: My husband is the primary filer.
: I am not very sure about this: "after OPT expires"
: for example, if I don't work starting from 10/1, then by 12/1 I will use up
: the legal unemployment time, so the opt will expire on 12/1, then my AOS
: will start to valid from 12/1? Am I understanding correctly?
: Thanks so much
:
: to change to H4.
: might
|
s**m
发帖数: 4340 | 9 不需要转H4的，你的状态将会自动转为AOS
我也面临类似的问题 |
t***n
发帖数: 546 | 10 You are right.
OPT expires could be after expiration data or become invalid because of
unemployment.
The bottom line is, AOS will kick in whenever your lose other non-
immigration status.
One of the previous post is wrong. You are still F1-OPT now. You won't become AOS if
you have a valid non-immigration status now, and did not use 486 EAD and AP.
up
【在 b******8 的大作中提到】
: My husband is the primary filer.
: I am not very sure about this: "after OPT expires"
: for example, if I don't work starting from 10/1, then by 12/1 I will use up
: the legal unemployment time, so the opt will expire on 12/1, then my AOS
: will start to valid from 12/1? Am I understanding correctly?
: Thanks so much
:
: to change to H4.
: might
|
|
|
b******8
发帖数: 205 | 11 Thanks for the info. I feel much better now.
But not sure why the laywer said he strongly suggests me to change to H4. By
the way, my husband already used his EAD/AP card in Auguest. But the laywer
said he is still in H1 so I need to change to H4...
become AOS if
AP.
【在 t***n 的大作中提到】
: You are right.
: OPT expires could be after expiration data or become invalid because of
: unemployment.
: The bottom line is, AOS will kick in whenever your lose other non-
: immigration status.
: One of the previous post is wrong. You are still F1-OPT now. You won't become AOS if
: you have a valid non-immigration status now, and did not use 486 EAD and AP.
:
: up
|
t***n
发帖数: 546 | 12 if your LG used AP, he may be still in H1, but if he used EAD, he is already
in AOS, then you cannot change to H4.
The good part of change to H4 is that if your 485 is denied, you don't have
to leave the country. But the chance is small. I guess the lawyer want to
make some money.
By
laywer
【在 b******8 的大作中提到】
: Thanks for the info. I feel much better now.
: But not sure why the laywer said he strongly suggests me to change to H4. By
: the way, my husband already used his EAD/AP card in Auguest. But the laywer
: said he is still in H1 so I need to change to H4...
:
: become AOS if
: AP.
|
b******8
发帖数: 205 | 13 oh, I see, so when my husband entered to US in Argust, he was using his AP,
not EAD. so that is why he is still in H1.
Bless on our 485. And many thanks for your reply
already
have
【在 t***n 的大作中提到】
: if your LG used AP, he may be still in H1, but if he used EAD, he is already
: in AOS, then you cannot change to H4.
: The good part of change to H4 is that if your 485 is denied, you don't have
: to leave the country. But the chance is small. I guess the lawyer want to
: make some money.
:
: By
: laywer
|
k**w
发帖数: 963 | 14 楼上说的对，你老公现在状态不是H1，而是AOS，你没法转H4了 |
T*******y
发帖数: 6523 | 15 "my husband already used his EAD/AP card in Auguest"
Finally I understand that LZ meant that her LG used the combo card for the
AP purpose, but not the EAD purpose, and hence he is still in H1. Even if
she could change to H4, there's no need to do so.
【在 k**w 的大作中提到】
: 楼上说的对，你老公现在状态不是H1，而是AOS，你没法转H4了
|
