stem-opt Adjustment of Status from F1-Visa (STEM OPT) to Green Card

[Kumar1090 0]

Hi all,

 

Currently I am working on my STEM OPT extension which is ending on June 22nd 2019. Now, me and my fiance (a US citizen) are planning to marry by the end of April'19 month and start the process for AOS. Please help me understand what will happen to my status after June 22nd while my AOS filling is still under progress. Till what date i should be working ? what are the other measures and precautions I should be taking even before getting married. 

 

We both know each other for 4 years now and currently living together for 4+ months now.

 

 

Thanks & Regards,

Kumar 

[aaron2020 11,651]

Once you file AOS, you are authorized to stay in the US.  

 

Once your OPT ends, you must stop working.  It's illegal for you to work without authorization.

 

Once you get your EAD from your AOS, then you can legally work again.

 

Currently, it takes about 5-7 months for an EAD after filing.  

 

One measure to expedite the EAD is to show a financial hardship and an available job offer.  

 

You have lots to research before your wedding.

[Kumar1090 0]

11 minutes ago, aaron2020 said:

Once you file AOS, you are authorized to stay in the US.  

 

Once your OPT ends, you must stop working.  It's illegal for you to work without authorization.

 

Once you get your EAD from your AOS, then you can legally work again.

 

Currently, it takes about 5-7 months for an EAD after filing.  

 

One measure to expedite the EAD is to show a financial hardship and an available job offer.  

 

You have lots to research before your wedding.

hello @aaron2020,

 

Thanks for a quick response !!

 

Is it safe to take Day 1 CPT and join college to continue working while my AOS under progress ?

also, my employer applied for my H1B still waiting on the results. What if H1B lottery got picked ?

[arken 4,197]

If your H1B is selected in lottery for processing, your STEM OPT is automatically extended till Sep 30 so you can keep working till then and beyond if approved. The moment your H1B is denied, you need to stop working and wait for your AOS EAD to work again.

 

 

 

 

[Kumar1090 0]

30 minutes ago, arken said:

If your H1B is selected in lottery for processing, your STEM OPT is automatically extended till Sep 30 so you can keep working till then and beyond if approved. The moment your H1B is denied, you need to stop working and wait for your AOS EAD to work again.

 

 

 

 

@arken I feel like my situation is very tricky here. 

 

1. If H1B lottery picked I am safe

 

2. If H1b not picked or the lottery results are too late considering the 2018 lottery results pattern.

      a. I need to plan for day 1 CPT for which I need to transfer my SEVIS from previous univ to NEW university (which I already got admission letter from).

      b. Is it bad idea to transfer my SEVIS to new college and get a new I20 by enrolling in 2nd Masters ? will this cause issues to my AOS ? my idea to go back to school is to learn some new courses and also which gives me a chance to work through Day-1 CPT route.

 

I am also worried about the recent FAKE universities that are luring students. The university I chose was one of the oldest and has many other programs at undergrad and grad level but still not sure how to validate the Day-1 CPT program they are offering is legit or not. 

 

[WeGuyGal 1,052]

Getting admitted to a university takes months and not something done on a whim. 

 

No real university offers Day 1 CPT. The only ones offering are shady visa mill types, and what they do is illegal, something that lures many desis, or Indian nationals. Stay away from these.  

 

All you could hope for is an H1b petition approval that extends the OPT, or cease work until an EAD from the AOS process is approved. 

[aaron2020 11,651]

20 minutes ago, Kumar1090 said:

@arken I feel like my situation is very tricky here. 

 

1. If H1B lottery picked I am safe

 

2. If H1b not picked or the lottery results are too late considering the 2018 lottery results pattern.

      a. I need to plan for day 1 CPT for which I need to transfer my SEVIS from previous univ to NEW university (which I already got admission letter from).

      b. Is it bad idea to transfer my SEVIS to new college and get a new I20 by enrolling in 2nd Masters ? will this cause issues to my AOS ? my idea to go back to school is to learn some new courses and also which gives me a chance to work through Day-1 CPT route.

 

I am also worried about the recent FAKE universities that are luring students. The university I chose was one of the oldest and has many other programs at undergrad and grad level but still not sure how to validate the Day-1 CPT program they are offering is legit or not. 

 

The school sounds shady.  What's the name of the school.

[arken 4,197]

Transferring SEVIS to do 2nd Masters is not a bad idea and won’t cause any negative impact on your AOS but any college accepting transfer in May/June and allowing CPT on day 1 seems definitely shady if not fake. 

 

Why do you need Day1 CPT in case of no lottery selection? For work= money? 

 

 

[Kumar1090 0]

1 hour ago, aaron2020 said:

The school sounds shady.  What's the name of the school.

@aaron2020 University in Campbellsville, Kentucky

[aaron2020 11,651]

Never heard of it.

 

Will you be moving to Kentucky?   Will this actually further your education, or is it a stop gap measure so you can stay in the US until you get a green card?  Do you think the US Government will see you as a serious international student with the intent to return home or someone trying to game the system?  Do you think you are the first to try this?  Using school as a pretext to stay?  Do you think the US Government would recognize this?

 

It doesn't seem to me that you intend to be a serious international student with intent to return home.  The ONLY REASON for this school is to remain in the US until you can get a green card.  

Edited April 17, 2019 by aaron2020

[WeGuyGal 1,052]

4 minutes ago, Kumar1090 said:

@aaron2020 University in Campbellsville, Kentucky

What is their admissions process like?

 

Would you be physically and actually studying there? 

[Kumar1090 0]

8 minutes ago, aaron2020 said:

Never heard of it.

 

Will you be moving to Kentucky? 

@aaron2020 No. They have this program online students have to visit for orientation day and have 3 in-classes per semester and have to submit all the assignment and projects through online.

[Kumar1090 0]

14 minutes ago, arken said:

Transferring SEVIS to do 2nd Masters is not a bad idea and won’t cause any negative impact on your AOS but any college accepting transfer in May/June and allowing CPT on day 1 seems definitely shady if not fake. 

 

Why do you need Day1 CPT in case of no lottery selection? For work= money? 

 

 

@arken Yes, due to financial situation i've to work. Again I don't know how long the wait period going to be for AOS EAD.

 

and not sure if I am understanding this correct. Approval of AOS gives me an EAD (Work authorization), correct ? or I need to submit different application for my EAD ?

[aaron2020 11,651]

1 minute ago, Kumar1090 said:

@aaron2020 No. They have this program online students have to visit for orientation day and have 3 in-classes per semester and have to submit all the assignment and projects through online.

Ha. Ha.  Online school.  Only have to show up a few days and you get work permit.  Doesn't even sound legit.  
 

It's pretty obvious that the school is a sham for you to stay in the US.   This school works because you will be allowed to stay in whatever city you are in to continue to wait for your green card.  This is EXACTLY the things that those kids were caught doing - enrolled in an almost entirely online school that they didn't have to show up for.  

 

[aaron2020 11,651]

Just now, Kumar1090 said:

@arken Yes, due to financial situation i've to work. Again I don't know how long the wait period going to be for AOS EAD.

 

and not sure if I am understanding this correct. Approval of AOS gives me an EAD (Work authorization), correct ? or I need to submit different application for my EAD ?

You need to submit an application for EAD with your AOS.

 

Approval of AOS gets you a green card.  The EAD comes much earlier than approval of AOS.