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Brian&Ivy

OPT unemployment GAP

By Brian&Ivy in Adjustment of Status from Work, Student, & Tourist Visas

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Brian&Ivy Explorer

Brian&Ivy   1

Posted
Filed: AOS (apr) Country: China
 Timeline
Posted

My OPT started 1/19/2010, however, my first job started in June, 2010. I thought we needed to find a job in 3 months.. Is this hurt my application?? I then went back to F-1 in Feb, 2011.

- 7/23/2008 came to US with F-1 visa
- 9/11/2012 I-485, I-130 and I-765 package sent to USCIS Chicago lockbox
- 9/12/2012 package delivered and signed by XXX
- 9/14/2012 received email with receipt numbers
- 9/17/2012 check cashed
- 9/30/2012 received hard copy of biometrics appointment on 10/19/2012, notice dated on 9/21/2012
- 10/12/2012 successfully walk-in one week earlier without asking reason at New York Long Island City office
- 11/5/2012 started to work in a new firm
- 11/11/2012 EAD approved!!! AWESOME!
- 11/19/2012 EAD card delivered, one day ahead of my birthday!
- 1/11/2013 received txt and email about interview time
- 2/14/2013 interview - Got APPROVED on the spot!!
- 2/27/2013 USCIS online update - 485 decision!! we mailed you a notice that we had registered this customer's new permanent resident status :) Later, my 130 update too!!!
- 3/4/2013 Card Production!!

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

- 11/24/2014 I-751 package sent to USCIS Vermont Service Center to remove conditions

- 11/25/2014 package was delivered and signed by XXX

- 11/26/2014 check cashed @16:49 before thanksgiving!

- 12/17/2014 bio letter received, scheduled on Dec 30, 2014 11:00 AM

- 12/19/2014 early bio done in Long Island City Office!

Good Luck!!

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Brian&Ivy Explorer

Brian&Ivy   1

Posted
Filed: AOS (apr) Country: China
 Timeline
  • Author
Posted

And also I did not update my employment status that time cuz my school advisor said it was not important... I am so nervous now.. looking for suggestions!!

- 7/23/2008 came to US with F-1 visa
- 9/11/2012 I-485, I-130 and I-765 package sent to USCIS Chicago lockbox
- 9/12/2012 package delivered and signed by XXX
- 9/14/2012 received email with receipt numbers
- 9/17/2012 check cashed
- 9/30/2012 received hard copy of biometrics appointment on 10/19/2012, notice dated on 9/21/2012
- 10/12/2012 successfully walk-in one week earlier without asking reason at New York Long Island City office
- 11/5/2012 started to work in a new firm
- 11/11/2012 EAD approved!!! AWESOME!
- 11/19/2012 EAD card delivered, one day ahead of my birthday!
- 1/11/2013 received txt and email about interview time
- 2/14/2013 interview - Got APPROVED on the spot!!
- 2/27/2013 USCIS online update - 485 decision!! we mailed you a notice that we had registered this customer's new permanent resident status :) Later, my 130 update too!!!
- 3/4/2013 Card Production!!

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

- 11/24/2014 I-751 package sent to USCIS Vermont Service Center to remove conditions

- 11/25/2014 package was delivered and signed by XXX

- 11/26/2014 check cashed @16:49 before thanksgiving!

- 12/17/2014 bio letter received, scheduled on Dec 30, 2014 11:00 AM

- 12/19/2014 early bio done in Long Island City Office!

Good Luck!!

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Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

You're in the process of filing for AOS now, right? Any overstay you might have accumulated will be overlooked in the AOS process. Yes, when you get approved for OPT, you're supposed to not accure more than 90 days of unemployment during that time, otherwise you generally fall out of status and should leave the US. It seems that you did fall out of status between your OPT being approved and starting your job in June, and this probably should have prevented you from getting a new I-20 in February 2011 - but at this point, it won't really matter. Just make sure to declare all the work you've done in your AOS paperwork, don't leave anything out and don't lie, and you should be fine.

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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Brian&Ivy Explorer

Brian&Ivy   1

Posted
Filed: AOS (apr) Country: China
 Timeline
  • Author
Posted (edited)

You're in the process of filing for AOS now, right? Any overstay you might have accumulated will be overlooked in the AOS process. Yes, when you get approved for OPT, you're supposed to not accure more than 90 days of unemployment during that time, otherwise you generally fall out of status and should leave the US. It seems that you did fall out of status between your OPT being approved and starting your job in June, and this probably should have prevented you from getting a new I-20 in February 2011 - but at this point, it won't really matter. Just make sure to declare all the work you've done in your AOS paperwork, don't leave anything out and don't lie, and you should be fine.

Hi Little_My,

Thanks for your suggestions! Yes, I am in the process of filing for AOS. Actually that time I was working for my dad's friend as a broker assistant. He is a registered broker and we still keep in touch. However, it is unpaid just for getting experience. Could I put that experience on as self-employed?

Besides, I did not update OPT status I do not know whether it has negative affect or not.. feel scared >.<!! I never thot i would apply for green card someday...

Edited by Brian&Ivy

- 7/23/2008 came to US with F-1 visa
- 9/11/2012 I-485, I-130 and I-765 package sent to USCIS Chicago lockbox
- 9/12/2012 package delivered and signed by XXX
- 9/14/2012 received email with receipt numbers
- 9/17/2012 check cashed
- 9/30/2012 received hard copy of biometrics appointment on 10/19/2012, notice dated on 9/21/2012
- 10/12/2012 successfully walk-in one week earlier without asking reason at New York Long Island City office
- 11/5/2012 started to work in a new firm
- 11/11/2012 EAD approved!!! AWESOME!
- 11/19/2012 EAD card delivered, one day ahead of my birthday!
- 1/11/2013 received txt and email about interview time
- 2/14/2013 interview - Got APPROVED on the spot!!
- 2/27/2013 USCIS online update - 485 decision!! we mailed you a notice that we had registered this customer's new permanent resident status :) Later, my 130 update too!!!
- 3/4/2013 Card Production!!

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

- 11/24/2014 I-751 package sent to USCIS Vermont Service Center to remove conditions

- 11/25/2014 package was delivered and signed by XXX

- 11/26/2014 check cashed @16:49 before thanksgiving!

- 12/17/2014 bio letter received, scheduled on Dec 30, 2014 11:00 AM

- 12/19/2014 early bio done in Long Island City Office!

Good Luck!!

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