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Will I be out of status?

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Filed: AOS (pnd) Country: Philippines

I am currently under F1 visa. My I-20 expires June 2015. I worked very hard with my schoolworks and I was able to turn in everything last October 2014. I am being advised by my school to apply for OPT, they said that I only have 60 days to legally stay in the US. Is this true or is this a part of their money making scheme since my I-20 says I am legally here until June of next year.

Question: If I dont apply for OPT, will I be out of status?

Me and my USC husband will be celebrating our first year anniversary this November. Our legal assistant was set to file our papers (I-130, 765, 485) months ago but kept on delaying it. She said that she is going to file it ASAP.

Question: Am I considered out of status assuming my F1 visa expires (based on the 60 day memo given to me) even if we have submitted our documents already?

How do we call in-betweeners like us?

Should I apply for OPT or wait for the result of our petition? I dont know who to trust anymore since I think the school and the legal assistant has their own ulterior (financial) motives.

Please help me.

Any input will be greatly appreciated.

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No, you don't have to apply for OPT. Once you file your petition, you can stay in the US legally until a decision has been made. You will not be out of status.

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

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Filed: AOS (pnd) Country: Philippines

Thank you very much for that information @newbie608.

Do you guys happen to know if when my stay as an F1 expires? Is it June 2015 or 60days after the said date given by my school?

Thanks again.

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If you are no longer attending school then you will be out of status from the date the grace period expires, as the school stated, unless you apply for and receive approval for OPT.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here



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



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

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (apr) Country: Ukraine

You have not given us a clear picture of your situation.

What do you mean you turned everything in Oct 2014? Are you saying you finished your degree program.

If you have finished your degree and are not currently enrolled; then you cannot be in legal status in USA just because your I-20 and F-1 have not expired.

You do have 60 days after completing a degree to leave the USA.

However, the simplist thing to do is file for AOS. Once you do that, you do not have to worry about leaving USA; at least up until the point that you might be denied AOS.

Have your husband file the AOS. Attorney or legal assistant is not necessary.

- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -


July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VSC.

August 12, 2017 ASC appointment received. 19 days since ROC in VSC.

August 25, 2017 BIO completed. 32 days since ROC received in VSC.

August 11, 2018  18 month 'Courtesy Copy' extension letter received.  Critical number  297

October 20, 2018 18 month 'Official' extension letter received.  Critical number 297

December 4, 2018  USCIS Account shows: We approved your Form I-751, Petition to Remove Conditions on Residence, 

December 4, 2018, ordered your new card for Receipt # EAC17297003XX, and will mail to the address you gave.

491 days from NOA issued by VSC until Petition approved.

December 7, 2018 USCIS sent notice:  Card mailed.

December 12, 2018 Ten year Green Card received from Lees Summit, MO

499 days from NOA issued by VSC until Green Card received.

- - - - - - - - - - 


December 6, 2018 submitted N-400 application on-line.  Estimated Completion Time: 8 months or August 2019.

December 8, 2018 received notice on USCIS that Biometrics scheduled . . . but the actual date was not yet shown.

December 11, 2018 saw in 'Documents' section of USCIS that Bio scheduled for 24 December 2018.

December 21, 2018 saw on USCIS website that they will be closed 24 December 2018 as extra holiday.

January 9, 2019 went for re-scheduled BIO appointment.  33 days after N-400 submitted on-line.

February 19, 2019 received letter in US mail that Citizenship interview scheduled for 26 March 2019. 74 days after submission on-line.

March 26, 2019 Citizenship interview scheduled for.  109 days after N-400 submitted on-line.

March 26, 2019 Passed Citizenship interview.

April 12, 2019  Received notice that Oath Ceremony had been scheduled for 24 April 2019.  17 days after interview.

April 24, 2019  Oath Ceremony completed.  29 days after interview.     139 days after N-400 submitted on-line.

April 25, 2019  USA Passport Application submitted.

May 3, 2019     USA Passport received.    149 days after N-400 submitted on-line.

May 9, 2019     Certificate of Naturalization and Citizenship returned in mail.





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Do not worry too much about being out of status since you will enter a new period of authorized stay with the pending AOS. Additionally any unlawful presence accumulated, would be forgiven when the AOS is approved. As an F1 student, your I-94 should say D/S which means duration of status. When you are admitted under D/S, you cannot accrue unlawful presence until a formal finding is made either by DHS, an IJ, or the BIA.

Why has your attorney delayed submitting your paperwork? Attorneys are really not necessary in this process unless you have a criminal background or some other issue that can lead to a denial. They just make matters worse.

You should read up on the process here and learn how to submit the paperwork yourself. You will save yourself money and more frustrations in the long run. I have seen many people on here who use attorneys and they end up cleaning their mess.

You shouldn't spend money applying for OPT since you would get an EAD as part of the AOS process.

This does not constitute legal advice.

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Filed: AOS (pnd) Country: Philippines

Thank you so much for taking time to reply. I appreciate all the info that you guys provided.

And yes having a third party involved in this process made matters worse. I will start reading on how this works and will organize our packet immediately.

May the Almighty bless everyone in this forum. Thanks again

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Just in case you haven't done so already, here is the link with info about what you need to adjust status.


If you have any questions about any of the paperwork, you can always ask. Once you get used to the terminology and the paperwork involved, you will see that it isn't as intimidating as it may all seem at first and you will be glad that you don't shell out hundreds towards an incompetent attorney. Good luck.

This does not constitute legal advice.

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