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JeannyG

OPT with EAD not working

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Filed: F-1 Visa Country: Philippines
Timeline

Good day everyone.

I'm on of the numerous people seeking help and guidance.

My situation is that I am on F1 visa and was given an OPT; EAD for 8/2011 - 8/2011.

Unfortunately I was not able to find employment due to certain circumstances and has

not reported it to the school. Last contact I made was when i filed for OPT the previous year.

I also have not reported it to DHS or OIS. I will be soon married to my long time bf and was

thinking of several issues.

My questions are:

1) Am I out of status?

2) Will it be difficult in filing my paper works for the application of status change

3) What forms do I need to file for change of status ( I am marrying a US Citizen btw.)

Thank you so much for your time and help

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

You overstayed, but this overstay will be forgiven once you marry and file Adjustment of status.

Good day everyone.

I'm on of the numerous people seeking help and guidance.

My situation is that I am on F1 visa and was given an OPT; EAD for 8/2011 - 8/2011.

Unfortunately I was not able to find employment due to certain circumstances and has

not reported it to the school. Last contact I made was when i filed for OPT the previous year.

I also have not reported it to DHS or OIS. I will be soon married to my long time bf and was

thinking of several issues.

My questions are:

1) Am I out of status?

2) Will it be difficult in filing my paper works for the application of status change

3) What forms do I need to file for change of status ( I am marrying a US Citizen btw.)

Thank you so much for your time and help


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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OPT students have 60 or 90 days (can't remember which and couldn't find the info quickly right now) to find a job / internship in their field once OPT has been approved. Any time you have spent in the U.S. after that time period passed has been overstay. However, as the previous poster noted, if you are marrying a US citizen and plan to adjust your status to a legal permanent resident, the overstay is irrelevant.

You will be filing the I-130 and I-485 concurrently, once you have first gotten married and obtained your marriage certificate. Read the guide here on VJ on filing for a foreign spouse within the US, download the newest versions of those forms from USCIS website, read the instructions for the forms carefully, and make sure you have all the required supportive documentation attached to the package.

Do not bother to fill out the I-131 form for advance parole document. If you filled it out and submitted it with the rest of your paperwork, it would be approved which might make you think you are fine to travel abroad while your AOS is pending. However, since you have accumulated over 180 days of overstay, you would be subject to a ban of 3 years (or 10 if you have overstayed for over a year), which will trigger the minute you leave the US.

So, to make it short - you cannot leave the US until you have your physical green card in hand. Other than that, you are most likely good to go with the AOS.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Filed: F-1 Visa Country: Philippines
Timeline

OPT students have 60 or 90 days (can't remember which and couldn't find the info quickly right now) to find a job / internship in their field once OPT has been approved. Any time you have spent in the U.S. after that time period passed has been overstay. However, as the previous poster noted, if you are marrying a US citizen and plan to adjust your status to a legal permanent resident, the overstay is irrelevant.

You will be filing the I-130 and I-485 concurrently, once you have first gotten married and obtained your marriage certificate. Read the guide here on VJ on filing for a foreign spouse within the US, download the newest versions of those forms from USCIS website, read the instructions for the forms carefully, and make sure you have all the required supportive documentation attached to the package.

Do not bother to fill out the I-131 form for advance parole document. If you filled it out and submitted it with the rest of your paperwork, it would be approved which might make you think you are fine to travel abroad while your AOS is pending. However, since you have accumulated over 180 days of overstay, you would be subject to a ban of 3 years (or 10 if you have overstayed for over a year), which will trigger the minute you leave the US.

So, to make it short - you cannot leave the US until you have your physical green card in hand. Other than that, you are most likely good to go with the AOS.

Thank you so much for the very informative/detailed replies.

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