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ADCin2017

OPT overstay for 2 months

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Hello everyone who is reading this.

So my story is this: I finished my MS Accounting degree in Dec 2015 and my EAD expires in Feb 2017. 

I am working in tax area and had 3 different jobs during my OPT and my last job is contract job that is gonna end in April 2017. I am working as replacement for person who is on maternity leave and she is planning to be back after April.

The issue is that my contract ends 2 months after my work permit ends. I planned to "figure out" something, but I messed up and time passed too fast so here I am with no back up plan and my boss seems to be really stressed about tax season when we will be extremely busy. I really want to help him out because tax season is a huge pain a neck. I work as assistant, so my help can save my boss a lot of time and money for alcohol (just kidding). So right now I am considering just to overstay for less than 180 days and peace out to home in April.

 

The question that concerns me is that rule of 180 days. I will overstay my OPT for 55-60 days and it seems to be OK-ish unless I catch attention of USCIS. I just dont really know the matter and don't wanna go to lawyer with this simple question. Can anyone just clarify if 60 days of overstay are not serious violation? 

 

Disclaimer: I am not gonna use your answers as a guide or base for decision for my future actions. This post is created for solely informative purpose.

Thank you and have a warm winter!

 

P>S>: a friend of mine says that visa violation records are shared between US and Australia. Sounds like legend, but is that true? If i am planning to apply for Australian visa in future, can my US student visa violation appear in Australian officials' records? Don't laugh pls. And thank you a big time

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1 minute ago, ADCin2017 said:

Hello everyone who is reading this.

So my story is this: I finished my MS Accounting degree in Dec 2015 and my EAD expires in Feb 2017. 

I am working in tax area and had 3 different jobs during my OPT and my last job is contract job that is gonna end in April 2017. I am working as replacement for person who is on maternity leave and she is planning to be back after April.

The issue is that my contract ends 2 months after my work permit ends. I planned to "figure out" something, but I messed up and time passed too fast so here I am with no back up plan and my boss seems to be really stressed about tax season when we will be extremely busy. I really want to help him out because tax season is a huge pain a neck. I work as assistant, so my help can save my boss a lot of time and money for alcohol (just kidding). So right now I am considering just to overstay for less than 180 days and peace out to home in April.

 

The question that concerns me is that rule of 180 days. I will overstay my OPT for 55-60 days and it seems to be OK-ish unless I catch attention of USCIS. I just dont really know the matter and don't wanna go to lawyer with this simple question. Can anyone just clarify if 60 days of overstay are not serious violation? 

 

Disclaimer: I am not gonna use your answers as a guide or base for decision for my future actions. This post is created for solely informative purpose.

Thank you and have a warm winter!

 

P>S>: a friend of mine says that visa violation records are shared between US and Australia. Sounds like legend, but is that true? If i am planning to apply for Australian visa in future, can my US student visa violation appear in Australian officials' records? Don't laugh pls. And thank you a big time

Nobody is going to help you to commit fraud or violate the law by encouraging unauthorized work.  And yes, it's entirely possible that Australia receives some intelligence such as this.

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Nobody here will give you guidance on breaking the law.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 minutes ago, ADCin2017 said:

Hmm, I think I was vague on my post. I just need to know how serious is this overstay I described. Maybe someone knows similar case. I don't need guidance for sure.

Thanks for answers by the way!

Again, nobody is going to guide you in that direction 

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Unauthorized work is a serious violation of your status. If you read the back of your I-94 (or the electronic one), it clearly states that working without proper authorization is ground for deportation. In your case, you will be very clearly violating immigration and labor laws, and so will your employer by continuing your contract without proper authorization.

Edited by KurosawaSan

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60 days? Even a day overstay is a violation. i94 has a date for a reason.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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16 minutes ago, KurosawaSan said:

Unauthorized work is a serious violation of your status. If you read the back of your I-94 (or the electronic one), it clearly states that working without proper authorization is ground for deportation. In your case, you will be very clearly violating immigration and labor laws, and so will your employer by continuing your contract without proper authorization.

Thanks for answer!

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Overstay is not permitted at all. Working without a valid work permit is illegal as well, and can get your employer in trouble if they get caught. Nobody here can answer your question to help you determine if you should break the law or not.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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The OP has gotten correct answers, and this thread is now locked on the basis of VJ's Terms of Service.  Do not restart this thread or carry it elsewhere.

 

VJ Moderation


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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