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hollyvan

Need help with Form I-485, what is my current USCIS status and the expiration date ?

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Filed: AOS (pnd) Country: China
Timeline

Hello everyone , I need help with the Form I-485, my situation is little bit complicate.

I was holding F-1 visa when I entered US, when I graduate in May 2010 I applied OPT, the visa was expired in Jun. 2010 and the OPT which last one year was expired in July 2011.

My husband is apply the Green Card for me right now, but my status is not legal after the OPT.

So should I fill "Student/ F-1 visa" or "expired" ?

And what is the expiration date of my status? Is it the expiration date of my F-1 visa or the graduation date or the expiration date of the OPT?

Edited by hollyvan

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"F-1, Expired" with the date as the date you went out of status on (probably the OPT expiry date).


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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

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Day 0 (1/3/18) N-400 filed online

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Day 341 (12/10/18) Interview was scheduled for 1/14/19

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Filed: AOS (pnd) Country: China
Timeline

Hello everyone, I need some help with I -765.

I am preparing my application for the green card, I have all the material prepared except I -765, because it needs th information and proof of the previous EAD in my case it will be the OPT card. But I have lost mine, the USCIS customer service told me I have ask my school to give me a copy of the proof of the previous case.

But it takes my school so long to get the original files, because I have already graduated for two years and they moved them to an large warehouse.

I already waiting for their response for a month and they don't know how long I need to keep waiting.

I was planning file I-765 with I -130 and I -485, because there will be not filling fee. But actually I probably will be stay at home take care of the baby instead of go out and working.

And I hope I can file he application as soon as possible.

Do I need to file I -765 with other forms now if I don't need to work ? Because someone told me that I can apply for driver license and etc after the I -765 is approved and before the Green Card is issued. And my legal status is expired so don't have a driver license, and it is better for me to get one ASAP

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Filed: AOS (pnd) Country: China
Timeline

"F-1, Expired" with the date as the date you went out of status on (probably the OPT expiry date).

Thank you.

I guess that will be my OPT expiration date.

The thing is if you didn't work during the OPT, the OPT will expired 90 days after it is started, if you kept working it will be expire in one year.

In my case I didn't work, so my expiration date would be "90 days + the day it started" ?

Edited by hollyvan

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Filed: Lift. Cond. (apr) Country: China
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Sounds like you were in USA on other type of entry visa. Why not start at the beginning and make it easy for you to get help. It seems is makes a difference how and what you apply for if you are transitioning from visa to marriage I130 (i485). If you graduated 2 years ago are you out of status?


In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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Filed: Lift. Cond. (apr) Country: China
Timeline

Hello everyone, I need some help with I -765.

I am preparing my application for the green card, I have all the material prepared except I -765, because it needs th information and proof of the previous EAD in my case it will be the OPT card. But I have lost mine, the USCIS customer service told me I have ask my school to give me a copy of the proof of the previous case.

But it takes my school so long to get the original files, because I have already graduated for two years and they moved them to an large warehouse.

I already waiting for their response for a month and they don't know how long I need to keep waiting.

I was planning file I-765 with I -130 and I -485, because there will be not filling fee. But actually I probably will be stay at home take care of the baby instead of go out and working.

And I hope I can file he application as soon as possible.

Do I need to file I -765 with other forms now if I don't need to work ? Because someone told me that I can apply for driver license and etc after the I -765 is approved and before the Green Card is issued. And my legal status is expired so don't have a driver license, and it is better for me to get one ASAP

:time: it helps everyone understand where you are in your visa journey.

Good luck.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Citizen (apr) Country: Canada
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Topics merged. Hollyvan I merged your topics to help members get more information in the same post, which in turn helps you get more accurate answers.

Edited by Ontarkie

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Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

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Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: AOS (pnd) Country: China
Timeline

Sounds like you were in USA on other type of entry visa. Why not start at the beginning and make it easy for you to get help. It seems is makes a difference how and what you apply for if you are transitioning from visa to marriage I130 (i485). If you graduated 2 years ago are you out of status?

I was holding a F-1 visa when entered USA. And now I am out of status.

Now my husband is applying Green Card for me.

I am USA now. That's why I need to file I -485 with the I -130.

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Hello everyone , I need help with the Form I-485, my situation is little bit complicate.

I was holding F-1 visa when I entered US, when I graduate in May 2010 I applied OPT, the visa was expired in Jun. 2010 and the OPT which last one year was expired in July 2011.

My husband is apply the Green Card for me right now, but my status is not legal after the OPT.

So should I fill "Student/ F-1 visa" or "expired" ?

And what is the expiration date of my status? Is it the expiration date of my F-1 visa or the graduation date or the expiration date of the OPT?

You may write "expired" under current status and what visa you entered with where it asks how you entered US.

P.S. F-1 is a bit complicated status. F-1 statues don't normally have expiration dates (there is no fixed date on stamped I-94 form , just a "D/D" meaning valid for the duration of the status). And it's I-94 that shows duration of your status in US not a Visa stamped in the consular office.

There is a lengthy memo dating back to 1996 or 1997 where consular officials are being instructed how to interpret it under then new immigration reform law. I am not a lawyer and not sure I understand it fully, but I think what is designated as the period authorized by AG still remains in effect until after finding is made by legacy INS that the student is out of the status. It's thus possible to simultaneously be out of status yet to be considered under "authorized by AG" period (which prevents one from becoming illegal).

This interpretation of law, though, is probably meaningless since 2002 as new laws were passed obliging all school to immediately report to USCIS any student who no longer has a valid status at the school (it used to be voluntary procedure and many schools routinely were failing to send INS proper forms/letters about students completing/finishing/leaving the school etc.)

In any event. it's immaterial to you when you are dealing with I-485 and it doesn't make any difference what your actual, perceived, technical and legal status is as long as you have entered with a valid visa and held valid status at some point and are not subject to any bars other than 9(B).


I-485/I-130 filed: January 26,2012 (130/485 sent to Chicago lockbox, transferred to MSC, field office Baltimore, MD).

I-130 Approved: June 25, 2012

I-485 RFE issued: June 25, 2012

Contacted offices of Honorable Senator Ben Cardin and Barbara Mikulski at the end of July.

I-485 DECISION MADE on August 03, 2012 , LESS THAN A WEEK AFTER CONTACTING THE SENATOR'S OFFICE TO INQUIRE ON CASE STATUS!

I-485 WELCOME NOTICE RECEIVED IN MAIL: 08/08/12

Green Card in Mail: 08/11/12

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Filed: AOS (pnd) Country: China
Timeline

You may write "expired" under current status and what visa you entered with where it asks how you entered US.

P.S. F-1 is a bit complicated status. F-1 statues don't normally have expiration dates (there is no fixed date on stamped I-94 form , just a "D/D" meaning valid for the duration of the status). And it's I-94 that shows duration of your status in US not a Visa stamped in the consular office.

There is a lengthy memo dating back to 1996 or 1997 where consular officials are being instructed how to interpret it under then new immigration reform law. I am not a lawyer and not sure I understand it fully, but I think what is designated as the period authorized by AG still remains in effect until after finding is made by legacy INS that the student is out of the status. It's thus possible to simultaneously be out of status yet to be considered under "authorized by AG" period (which prevents one from becoming illegal).

This interpretation of law, though, is probably meaningless since 2002 as new laws were passed obliging all school to immediately report to USCIS any student who no longer has a valid status at the school (it used to be voluntary procedure and many schools routinely were failing to send INS proper forms/letters about students completing/finishing/leaving the school etc.)

In any event. it's immaterial to you when you are dealing with I-485 and it doesn't make any difference what your actual, perceived, technical and legal status is as long as you have entered with a valid visa and held valid status at some point and are not subject to any bars other than 9(B).

Thanks for your reply.

I think maybe I should use the expiration date of the OPT.

And do you mean no matter what date I use as the expiration date of my status, it won't make much difference or problem to my application?

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