QUESTION

I am on F-1 Visa and applying for Green Card. If my F-1 expires, can I work legally while my green is still in process?

Asked on Jun 15th, 2016 on Immigration - New Jersey
More details to this question:
Ii saw something called "AOS" is this applicable to F-1 visa? If so for how long? For me green card processing would like around 10 years I believe and my F-1 status will expire in 18 months from now.
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1 ANSWER

Adjustment of status may be used by someone in F-1 status to become a lawful permanent resident. However, adjustment of status is only available if an immigrant visa is immediately available to you. You cannot file an application for adjustment of status if your priority date or application filing date is not current. In your case, you indicated the process would take about ten years. This indicates that you fall into a presence category and must wait years for a visa to be available. If this is correct, you cannot file for adjustment of status at this time. You could only do so in about ten years when the visa is available. You are not authorized in the United Srates simply because an immigrant visa petition is pending. You also are not entitled to employment authorization. Upon the completion of your studies, you will need to depart the United Stafes or change your status to another nonimmigrant category. You can read more about family immigration at http://myattorneyusa.com/family-immigration.
Answered on Jun 16th, 2016 at 3:43 AM

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