F-1 visa holders, please help!

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Anonymous User
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F-1 visa holders, please help!

Postby Anonymous User » Tue May 03, 2011 9:26 pm

Hi, I am currently holding F-1 visa and I have submitted an OPT application on March 14. The USCIS website says it usually takes 90 days to receive EAD, which means that I am supposed to receive EAD on June 12.

Recently I got a summer job offer which starts from June 6, and they tell me that if I do not receive EAD by the start date, they have to rescind the offer. So, I MUST receive EAD before June 6 which is a week earlier than what the USCIS website tells.

Anyone has experience on this kind of situations? How long does it usually take to receive EAD? Is there any way to get it a few days earlier?

I know I should have submitted the application earlier, but I did not know it takes such a long time. Anyway, I am desperate now.. I will do anything if it expedites the process! Please give me any advice. Thanks!

albanach
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Re: F-1 visa holders, please help!

Postby albanach » Tue May 03, 2011 9:34 pm

Anonymous User wrote:Hi, I am currently holding F-1 visa and I have submitted an OPT application on March 14. The USCIS website says it usually takes 90 days to receive EAD, which means that I am supposed to receive EAD on June 12.


You should know which service center your application was sent to. You can see the processing times there.

I doubt there's much chance of speeding up a pending application.

Anonymous User
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Re: F-1 visa holders, please help!

Postby Anonymous User » Tue May 03, 2011 9:45 pm

It is California Service Center. Will I be able to visit the center and get my EAD before they mail it? If that can save a few days of mailing, I will definitely do that. Anybody has experience?

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AntipodeanPhil
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Re: F-1 visa holders, please help!

Postby AntipodeanPhil » Tue May 03, 2011 10:06 pm

This isn't exactly the same thing, but I applied for US residency last year, and that included an application for EAD (which allows people to work while the residency application is being processed). They told me it would take 90 days to receive, but the EAD document arrived within a month or so. A friend of mine had the same thing happen to him.

I strongly doubt that you would be able to pick the document up at the service center. I doubt you would even be able to speak to anyone there.

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Re: F-1 visa holders, please help!

Postby Anonymous User » Tue May 03, 2011 10:15 pm

Thanks! Can any F-1 visa holder tell me how long actually took to receive EAD (especially from the CA cervice center)? Does it really take 90 days? Or do I have a chance to receive it earlier than that?

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NewHere
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Re: F-1 visa holders, please help!

Postby NewHere » Tue May 03, 2011 10:33 pm

Both times I applied for OPT, it took much shorter than USCIS's stated time. It's not guaranteed to be faster, but there's no need to lose hope just yet. See also this OPT tracker where you can see other people's experiences.

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Re: F-1 visa holders, please help!

Postby Anonymous User » Tue May 03, 2011 10:52 pm

Thanks, NewHere! There is an expedited process! I will definitely apply for it once I got the offer letter.

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Re: F-1 visa holders, please help!

Postby Anonymous User » Tue May 03, 2011 11:13 pm

My roommate is in the same boat. He made arrangements to receive school credit for the job until mid-June (his estimated EAD arrival time). If you don't mind losing some $$ for the free work until the EAD arrives, that is a viable option to consider. It will preserve your spot at the place. Hope this helps.

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Re: F-1 visa holders, please help!

Postby Anonymous User » Wed May 04, 2011 12:00 am

I feel you bro. USCIS sucks.

Does your school allow using CPT for your summer job? My school offers a 1 or 2-credit legal research course for that so long as you find a faculty sponsor to write a short paper with him / her after your summer. CPT application is much, much faster because it does not need to go through USCIS.

Good luck!

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Re: F-1 visa holders, please help!

Postby Anonymous User » Wed May 04, 2011 1:37 am

Some schools will let you do an independent study to get the CPT permit, some won't. The CPT is a quick process done at your school. Check with your international advisor ASAP to see if that is an option at your school.

The problem is this: you won't be able to get paid despite the fact that CPT allows for paid employment. Under the ABA regulations, students cannot get paid for for-credit internships. Most schools will only let you do a for-credit internship if it's at a governmental/non-profit agency, so the private sector is out. This whole thing is humiliating and a pain in the *** from what I observed.

Anonymous User
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Re: F-1 visa holders, please help!

Postby Anonymous User » Wed May 04, 2011 1:48 am

Anonymous User wrote:Some schools will let you do an independent study to get the CPT permit, some won't. The CPT is a quick process done at your school. Check with your international advisor ASAP to see if that is an option at your school.

The problem is this: you won't be able to get paid despite the fact that CPT allows for paid employment. Under the ABA regulations, students cannot get paid for for-credit internships. Most schools will only let you do a for-credit internship if it's at a governmental/non-profit agency, so the private sector is out. This whole thing is humiliating and a pain in the *** from what I observed.


Limited statement.

I've been using CPTs for paid summers at firms, approved by our Dean of students.
However, at my school, summer CPT is zero-credit.

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Re: F-1 visa holders, please help!

Postby Anonymous User » Wed May 04, 2011 2:23 am

I will definitely go to the international student advisor and see if I can use CPT to get around this problem. $$ is not my concern, I just want to keep this offer. Thank you guys!

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Re: F-1 visa holders, please help!

Postby Anonymous User » Wed May 04, 2011 5:54 pm

FWIW, I'm an F-1 student waiting on my EAD for this summer too.

Seeing if you can do CPT for the first week would be the best option here, IMO.

If no CPT, Be careful about working before you get your EAD. If you work, even unpaid, for an otherwise paying position it is a violation of F-1 status. One possibility might be to ask your firm to hire you as an unpaid intern for the first week, and then switch to the normal position thereafter. Problem is that your firm might not want to jump through these hoops, and if you ever got questioned about it by the DHS, I don't know that such a scheme would pass muster. But it might be worth suggesting if you have absolutely no other option.

When I applied for my EAD last time, it came about a week early (from the CA service center). That was for post-graduation OPT though, not summer OPT. I think summer OPT takes a little longer to process for some weird reason (they have different application deadlines, which I presume means longer/shorter processing time).

If you don't get your EAD by the 90th day, you can go down to your local INS office (I think) and get a temporary work permit until your card arrives. I know this doesn't help your situation, but it might be worth calling them up/going down there and asking them about it, or just trying to get it early and hope they don't notice. Again, probably don't want to rely on this one unless you are out of options.

Good luck!

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Re: F-1 visa holders, please help!

Postby Anonymous User » Wed May 04, 2011 10:13 pm

I filed a petition for expedited process today, and I will meet my international student advisor during the next week. Thank you everyone! I am much relieved now.

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Re: F-1 visa holders, please help!

Postby Anonymous User » Fri May 06, 2011 6:05 pm

Why you applied for OPT for summer employment? Or you are actually graduating? Last time I applied for OPT it took me about 2 months to get my EAD, or probably shorter than that.

Good luck.




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