On OPT with expired F1 applying for AOS

[SwedeInCali 0]

I would really appriciate some help on this matter which keeps me up at night.

I came to California on a F1 Dec 2009 and studied at UCSD for 9 months. Was approved for OPT which started Sept 2010 and is valid to Sept 2011. In October 2010 I had to go back to Sweden for two weeks, I didn't have a job at the time but a job offer starting Nov 1st 2010 which I needed to get back into the US on OPT. The problem turned out to be my F1 which expired on Sept 17 2010, the same day I graduated. There are no excuses for me not checking that, there were a lot of miscommunication at the time. Back at LAX I had to go to the admissibility review which took me about 3 hours but I was finally cleared and let back into the country again.

My American boyfriend proposed last weekend and we are now starting to investigate this whole process. We went through the I-485, where I need to state my USCIS status which is expired (since OPT is not a status right?) and then they will see that my last entry was after it expired. Does anyone know if this will cause any problems. I mean, I was let into the country so I am not here illegally and I am working fulltime, got a SSN, California driver's license etc. I will of course submit my I-20 in the application, but will this matter just be something I will need to explain in the interview or might it cause problems before that? I really don't want to slow the process down, I will need my AP since we are planning a trip to Australia in August 2011.

I would appriciate any thoughts on this!

Thanks!

J

Edited February 5, 2011 by SwedeInCali

[Maxximus1074 14]

Are you still awake? I just came across your posting and thought I respond to it with my thoughts....

...actually, I'm quite surprised to see that you only got a short-term F-1, but then again, there's most likely different types of F-1 student visas with USCIS?! I mean, I came to the US on a F-1 from Germany myself, but it was valid for 5 years 2000-2005, maybe because in my application for the visa, the paperwork from my college mentioned my educational goal and it seems you only planned to be here for a few semesters?

Hmmm either way, can you help us by clarifying what they gave you when you arrived at LAX? Did you get any stamps in the passport? If so, what does it say? Also, did you get a "permission" from your school to leave and come back to continue your OPT? If so, I think you are in luck and you still could file AOS from a student visa (though expired) to become permanent resident here. In my case I had some trouble down the road and was not able to file for AOS, now several years being out of status and never have left the country I got it approved without a problem being married to a US citizen.

The main question really is - what did the officer declare you as when you came back after the 3 hours (poor you) of back and forth? Let us know and we'll help you guys

Now catch some sleep !! You'll be fine, if AOS doesn't work out, there is alternatives, too fiance visas, CR-1 etc. ....

Maxximus

p.s. Congrats on the engagement to you two !!

Edited February 5, 2011 by Maxximus1074

[Maxximus1074 14]

...just re-read my answer and your original posting - again, it shouldn't be a problem with any overstay after your visa expired, won't change the application process ,speaking of my own experience.

But, I just noticed your closing line talking about AP for a trip to Australia - I hope it will be granted as from what I read and here AP is for generally for really important trips, emergencies.... yet, you may be lucky, if you file all your paperwork in the coming days, you might as well already have your green card by then - when I filed mine it said that average turnaround from application submission to finalizing AOS is 4 months - for me its just a week short from four months. But not to be forgotten that it always depends on your local office and the availability of employees and appointments for fingerprints and later on interview that will make you feel its taking forever, especially reading from other posters that they have/had their appointments and you are still waiting....

[SwedeInCali 0]

Maxximus,

Yes I am still awake, very happy to see such a quick answer:) And congratulations on your approval, you must be stoked!!

Both me and my Student advisor were also surprised by my short F-1, but I already had a degree from Sweden so maybe they didn't expect me to stay and I didn't know at the time that I would apply for OPT.

Before leaving the U.S my student advisor said I needed a proof om employment, but that it still wasn't a guarantee to re-enter. But I really needed to go home so I took the chance.

I don't have any notes or stamps in my passport, and my student advisor also checked it after I came back and said it was fine. Both my I-20 and I-94 says I was admitted at LAX Oct 21 2010. The officer was first very harsh, but after a looong trip and my boyfriend waiting outside I got very stressed and started crying. The officer then got a little bit nicer and actually ended up making jokes to make me feel better. At first they said it would cost me $545 but then another officer came and said I didn't need to do it since it was my first time entering without a valid visa on OPT.

I also read the info on AP, but also that they have a tendency to oversee it even if it's for personal reasons. My best friend is getting married in OZ and I am the maid of honor. Seems like a good reason to me:)

Maybe I will ctach some sleep after all...thanks again for your late-night thoughts:)

Jenny

[JimVaPhuong 4,863]

Maxximus,

Yes I am still awake, very happy to see such a quick answer:) And congratulations on your approval, you must be stoked!!

Both me and my Student advisor were also surprised by my short F-1, but I already had a degree from Sweden so maybe they didn't expect me to stay and I didn't know at the time that I would apply for OPT.

Before leaving the U.S my student advisor said I needed a proof om employment, but that it still wasn't a guarantee to re-enter. But I really needed to go home so I took the chance.

I don't have any notes or stamps in my passport, and my student advisor also checked it after I came back and said it was fine. Both my I-20 and I-94 says I was admitted at LAX Oct 21 2010. The officer was first very harsh, but after a looong trip and my boyfriend waiting outside I got very stressed and started crying. The officer then got a little bit nicer and actually ended up making jokes to make me feel better. At first they said it would cost me $545 but then another officer came and said I didn't need to do it since it was my first time entering without a valid visa on OPT.

I also read the info on AP, but also that they have a tendency to oversee it even if it's for personal reasons. My best friend is getting married in OZ and I am the maid of honor. Seems like a good reason to me:)

Maybe I will ctach some sleep after all...thanks again for your late-night thoughts:)

Jenny

Is there a stamp on the I-94? If so, there is a line under the admission date that says "Class". What is written there?

[SwedeInCali 0]

Is there a stamp on the I-94? If so, there is a line under the admission date that says "Class". What is written there?

It says Class: F1, Until: D/S

[Maxximus1074 14]

It says Class: F1, Until: D/S

...it says that!!?? ... that sounds like good news to me (remember, here in the forum we give our opinions, thoughts but not legal advice that is legally binding )

To me it looks like that in immigration eyes you still look like you didn't leave the country?! If they would have admitted you as a tourist it sure would have been a different mark in your passport.

Thinking about it - the OPT is a possibility with every F-1 student visa and I guess it's normal that people are still in training as while their visa expires. The beauty of the F-1 is that with D/S there is no real expiration date in the first place, you may keep your student status for additional time when you decide to go to grad school as well.

But back to your subject - with you still only having F-1 and D/S in your passport you most likely just can go ahead and file for the AOS from F-1 to LPR and get your green card without problems. If you had been admitted as a tourist on your last entry, you would have faced the new standard, especially in California, that AOS from visa waiver would be denied.

Soooo, grab your pen, your keyboard and fill out those forms, get someone from a local non profit for refugee and immigration services to proof-read it or answer questions (I went to Catholic Charities, they offer that to anyone), make a sh...tload of copies as requested in the forms and send'em off!.....and then get enough sleep every night, it's time for sleepless nights once you know your interview is scheduled - but nothing to worry before then, even if it takes weeks, at times months before you receive any status update.

Maxximus