Legal status expired before GC interview in the US

[CQer 0]

Hi guys, need you help here, thank you for any input in advance

My legal status F1 international student OPT will expired Nov.1 2015, and I am beneficiary on Green Card based petition. I just heard today that I cannot have adjust of status in the US because no matter what if I got EAD or not due to the green card interview date is beyond Nov.1 2015 of my legal status. Is that true?

Basically, next VB out will be on my PD, and 60-90 days EAD must issued, and I will have it. It doesn't make sense to me, I got EAD which I can legally work and stay in the US, why I should have maintain legal status like F1 international student till the green card interview?

Online waiting, millions thanks!!!!

[sidsaolin 1]

Your visa status will remain unchanged until your new visa status (immigration/non-immigration) is approved. Then your status will change to new one. For example, Mr. A entered into the US on B-1 visa, later he preferred to study in the US. Then he changed his visa from B-1 to F-1. During changing process, he was still B-1. School didn't allow him to enroll until his change of status to F-1 was approved. From the approval date, he was under F-1 Visa as long as he didn't leave the US.

Same rule applies here. You are now under F-1 visa, and during your adjustment of status to be permanent resident, it doesn't give you any new visa status yet. The AOS process allows you to apply for EAD. Once again your status is still under F-1 visa, but with some privilege of authorized to work through EAD, not OPT.

In order to have adjustment of status in US, you have to be "in" status that means you obtain valid visa. In other words, if you are out of status, you cannot adjust your status to LPR in the US. USCIS may relax this rule to immediate family members of USC petitioners. Furthermore, EAD is not any visa type. EAD allows you to work, but visa that allows you to stay is F-1. When your F-1 visa expires, so does your EAD.

So the answer to your first question is yes, and you have to maintain your legal status until your GC is approved (not until interview date).

Hope this gives you better understanding.

Good luck

[CQer 0]

@sidsaolin, thank you.

This is very logical statement, and I agree, even my attorney said there is no statement clearly says yes or no, just say must maintain legal status until the filling date of adjust of status. However, it really depends on the immigration officer, and we definitely do not want to take the risk and try what would happen.

Btw, do you know if OPT is able to transfer to another school who issues I-20? I will have to transfer to another school before my OPT/F-1 expired.

Thanks again!

[Darnell 8,478]

if your spouse was a uscitizen, the overstay is automagically forgiven when the green card is issued.

Since your spouse is a LPR, you MUST maintain your current status if you are seeking to adjust to another status based on marriage. And you must keep maintaining that status until the green card is issued.

Sorry, thems the rules.

What are your plans, since you must adhere to those rules?

[CQer 0]

@Darnell, the plan is find any school who issues I-20, and I am currently under F-1 and OPT, some of them said I cannot transfer back to ESL school since I am use OPT, i guess there should be no problem.

What do you think? and when do you suggest to do the transfer?

[Darnell 8,478]

most english language institutes won't handle that I-20 stuff, so suggest (instead) you chase after another masters program.

sure, it's gonna be expensive, and you've no time to get admitted for the fall semester, but there's a miracle in there, somewhere, if'n you apply yerself.

If it was me in your shoes, I'd forget about it, apply for medical university in Perugia, and ask the wife to move to Italy.

[CQer 0]

Haha, good thought, but why medical, music or dance would be easier. Anyway, thanks for the input.

[sidsaolin 1]

@CQer

I don't think ESL would work because you already have OPT under it. I believe several community colleges in NY can give you I20. They are inexpensive compared to college/university.

[CQer 0]

@sidsaolin

That's what I am trying to do, I have 60 days grace period and could enroll around Jan. 2016 semester starts.

What's your story?

[Andreavespa 3]

Hi guys, need you help here, thank you for any input in advance

My legal status F1 international student OPT will expired Nov.1 2015, and I am beneficiary on Green Card based petition. I just heard today that I cannot have adjust of status in the US because no matter what if I got EAD or not due to the green card interview date is beyond Nov.1 2015 of my legal status. Is that true?

Basically, next VB out will be on my PD, and 60-90 days EAD must issued, and I will have it. It doesn't make sense to me, I got EAD which I can legally work and stay in the US, why I should have maintain legal status like F1 international student till the green card interview?

Online waiting, millions thanks!!!!

Similar to my situation, my OPT expired on June 1st and I should have the interview in September.

The firm I am working for transferred me to the London's branch and here I am waiting for my PD to become current and for my case to be transferred from Italy to London. My wife is still in NY.

[CQer 0]

@Andreavespa

Thanks for your input, would you provide more info? When is your PD? Did you get your EAD? USC or LPR petition?

My lawyer told me try not to leave the country then the case would not be adjust of status in the US, is different?

[TinaVisa 0]

Hey guys,

How long does it take to get the green card once you file 485 in the US? Thank you

[CQer 0]

Hey guys,

How long does it take to get the green card once you file 485 in the US? Thank you

For now, typically is about 5-7 month, and this is you are in the US.

Once your PD become current, and they start processing your case.

1. About 2-4 weeks after they received your case/files/I-485 they will schedule your Bio-screening/fingers.

2. Then after #1 within 60-90 days USCIS must issue your EAD card.

3. After #2 about 2-3 month later call you for GC interview.

Green card in hand probably is about 5-7 month and it depends, someone got lucky pretty quick but I heard someone has been lacking for a year.

What's your story?