OPT with expiring 90-days period and I-485

[levan8421 0]

Deal all,

I got an OPT, valid from 01/10/2016 to 01/09/2017. I was unemployed from 01/10/2016 to 03/22/2016, which means I have spent 72 days of unemployment. I have been working since 03/22/2016 to 08/31/2016. According to the 90-day period rule, I only have 18 days of unemployment left. It means that after I finish my job on 08/31/2016, I can only stay legally in US until 09/18/2016.

My girlfriend, an US Citizen, and I have just married and we also have submitted the I-130 and I-485 on 08/12/2016. I guess USCIS will receive our documents on 08/15/2016 or some day during that week.

(1) I wonder after our documents are received, whether the 90-day rule still applies for me?

(2) If I cannot find a job after 09/18/2016, do I need to leave the country?

In addition, I mistook the idea of the OPT I am having now and the EAD when I apply for I-485. Thus, I have not submitted the I-765 when I submitted the I-485.

(3) Is it ok for me to submit the new I-765 now? I guess I do not need to pay any other fee, do I?

(4) If I am granted the new EAD, will it help me to avoid my current 90-days period issue?

Thank you very much.

Edited August 15, 2016 by levan8421

[Cheezees 1,514]

1. No. You are now an immediate relative of a US citizen and are eligible to stay and adjust.

2. See above response.

3. Yes, submit it now as it is free and the entire AOS process can take mouths. The EAD takers about 90 days so you'll be eligible to work before getting your GC.

4. See 1 and 2.

Good luck!

[levan8421 0]

1. No. You are now an immediate relative of a US citizen and are eligible to stay and adjust.

2. See above response.

3. Yes, submit it now as it is free and the entire AOS process can take mouths. The EAD takers about 90 days so you'll be eligible to work before getting your GC.

4. See 1 and 2.

Good luck!

Thank you very much Cheezees for your very helpful information.

Following up with your answers,

(5) If I can earn a job offer, because I am in the adjustment of status period, is it legal for me to accept the offer with my current OPT or do I have to wait until I got the new EAD to work?

Thank you.

[Cheezees 1,514]

You can only work only with a valid EAD. So I would recommend waiting for the new one unless your employer does not mind a gap in employment. Note that being an immediate relative does not give you the right to work at will. Apply for AOS and the EAD immediately so the gap in your work authorization is minimal. Good luck!

Edited August 15, 2016 by Cheezees

[levan8421 0]

You can only work only with a valid EAD. So I would recommend waiting for the new one unless your employer does not mind a gap in employment. Note that being an immediate relative does not give you the right to work at will. Apply for AOS and the EAD immediately so the gap in your work authorization is minimal. Good luck!

Thank you Cheezees. I hope you would have a wonderful day.

According to your advice, I guess my best luck now is to find a job before my 90-days period ends on 09/18/2016. Otherwise I have to wait for the new EAD coming (properly next January).

Edited August 15, 2016 by levan8421

[Cheezees 1,514]

Yes, otherwise you will be out of the F1 status (which doesn't really matter since you are adjusting your status) but most importantly, the OPT becomes invalid upon day 91 of unemployment. So hopefully you can find s job and continue working until at least January 10. Given the average 90 days for the EAD processing, (hopefully) you'll have your EAD before the OPT expires (mid November?) and unemployment will be a non-issue. Good luck!

[levan8421 0]

Time flies. Unfortunately, I could not get the job within my 90-day unemployment period of OPT. I understand that I could not accept any offer now.

However, I wonder whether I can still do volunteer for any non-profit organization, such as Red Cross. It is not that I want to compensate the 90-day period or extend my OPT; I just would like to outreach to my community and do something meaningful instead of just doing nothing.

Thank you.