Questions about OPT grace period and i485

[SylviaC 0]

I’m applying for AOS based on marriage to a USC, and I have some questions that need to be clarified. 
A little background about myself, I was a F1 student and was working on OPT for the past year, OPT expired on July 11, 2020 and I’m currently on the 60-day grace period, which ends on September 9, 2020. My most recent entry to the US was in November last year, and I entered as OPT.

On page 2 of the form, item 23c, it asks my status on form i94, should I put F1? Somehow my form only allows me to put letters and space in it... but I guess I can just hand write it when I print it out (if F1 is what I should put in there)
On page 3 item 24, what is your current immigration status, should I put “out if status”? Or something else? As I mentioned earlier, my opt has already expired but I’m still in grace period, which allows me to stay here legally.
And on page 11 item 17, have you ever violated the terms or conditions of your Nonimmigrant status, should I check yes or no? I assume I can check no as long as I submit the application before my grace period runs out? If that’s the case (checking no on that question), should I still include an explanation on my current opt status?
And as for my i20, my most recent one states that I’ve applied for OPT, but it doesn’t show my employment information during OPT, does that matter? Or should I get a more updated one?
Also did anyone file recently? Did you include the form i944? I understand there’s some updates that only 3 states are exempted, but it’s not official yet according to the USCIS website? I have most of the documents ready but would still like to skip this step.

I’m trying to send my application by next weekend before my OPT grace period runs out, or at least before the fee change. Thanks a lot in advance! Any help would be appreciated!

[pablo2752 106]

1. Ask the DSO of your school, but I would put yes since you are within the authorized status, hence NOT "out of status." 

2. Same as No. 1'

3. You did not violate anything since you are withing in your authorized grace period. 

4. Shouldn't you have received an I-20 that states the duration of OPT? 

5. Currently I-944 hasn't been re-instated yet, but I would still collect all the necessary documents and information for that form. We don't know when it will come bac, but it will unless you are in NY or CT

Edited August 30, 2020 by pablo2752

[Riley and SP 17]

23c - I think F-1 should be fine. OPT is a benefit granted to you as F-1 student.

 

24 - F-1 because you are still in the grace period so your stay is authorized under your F-1 status 

 

No, you haven’t violated your status as long as you file within the grace period. I don’t think an explanation is needed but you can include a sentence if you want. 
 

You should have I-20 that states the dates of your OPT. If you don’t request one from your school Office or international students. 
 

We did file on August 3 and we included I-944. We had all documents compiled already and our lawyer advised us to include it just in case. 
 

 

 

 

 

[SylviaC 0]

On 8/30/2020 at 4:54 PM, pablo2752 said:

1. Ask the DSO of your school, but I would put yes since you are within the authorized status, hence NOT "out of status." 

2. Same as No. 1'

3. You did not violate anything since you are withing in your authorized grace period. 

4. Shouldn't you have received an I-20 that states the duration of OPT? 

5. Currently I-944 hasn't been re-instated yet, but I would still collect all the necessary documents and information for that form. We don't know when it will come bac, but it will unless you are in NY or CT

Thanks for your reply! As for the i20, my most current one shows that I “requested” for OPT, and the start and end date on the i20 doesn’t match up with the one on my EAD (because the card arrived later than my intended start date), do you think it’s fine to just submit this i20? Because I’m trying to get a more updated one but I don’t know if the school’s visa office can get back to me before my grace period expires.

[SylviaC 0]

23 hours ago, Riley and SP said:

23c - I think F-1 should be fine. OPT is a benefit granted to you as F-1 student.

 

24 - F-1 because you are still in the grace period so your stay is authorized under your F-1 status 

 

No, you haven’t violated your status as long as you file within the grace period. I don’t think an explanation is needed but you can include a sentence if you want. 
 

You should have I-20 that states the dates of your OPT. If you don’t request one from your school Office or international students. 
 

We did file on August 3 and we included I-944. We had all documents compiled already and our lawyer advised us to include it just in case. 
 

 

 

 

 

Thanks for your reply! As for the i20, my most current one shows that I “requested” for OPT, and the start and end date on the i20 doesn’t match up with the one on my EAD (because the card arrived later than my intended start date), do you think it’s fine to just submit this i20? Because I’m trying to get a more updated one but I don’t know if the school’s visa office can get back to me before my grace period expires.

And for the i-944, do you guys just use the one you found on google? Because right now you can’t find the form from the USCIS search engine, but you can find it on google, but I don’t know if it’s the right one to use. Thank you!

[Riley and SP 17]

I think you can submit the I-20 you have along with a copy of your EAD card.

 

I944- some people here say it is not necessary and that's why it is not on the USCIS website at this time. We filed with a lawyer so he prepared all the forms. He had already prepared I-944 and I had already sent him all supporting documents so we just submitted everything. But if you don't have it ready, may be you can just go ahead and submit without I-944. Moreover, if its not on the USCIS website you shouldn't be responsible for it.

[pablo2752 106]

8 hours ago, SylviaC said:

Thanks for your reply! As for the i20, my most current one shows that I “requested” for OPT, and the start and end date on the i20 doesn’t match up with the one on my EAD (because the card arrived later than my intended start date), do you think it’s fine to just submit this i20? Because I’m trying to get a more updated one but I don’t know if the school’s visa office can get back to me before my grace period expires.

That, I don't know the answer to. Are you guys filing AOS on your own? 

Try to get the updated I-20. 

[sweetadams 138]

20 hours ago, SylviaC said:

Thanks for your reply! As for the i20, my most current one shows that I “requested” for OPT, and the start and end date on the i20 doesn’t match up with the one on my EAD (because the card arrived later than my intended start date), do you think it’s fine to just submit this i20? Because I’m trying to get a more updated one but I don’t know if the school’s visa office can get back to me before my grace period expires.

And for the i-944, do you guys just use the one you found on google? Because right now you can’t find the form from the USCIS search engine, but you can find it on google, but I don’t know if it’s the right one to use. Thank you!

In the form you can just use F, it for student visa category. You don't need any new i20 since you will be adjusting based on Marriage to a USC. You just send the documents you have include copies of your EAD, i-94, submit the i-944 if you have all the documents, passport page showing entry date, status as at entry page, etc. The employment history can be put on the form. You are most likely to be interviewed based on the form anyway. The most important documents that shows your marriage is bonafide is your primary concern here. Marriage certificate, financial co-mingling, joint lease, joint statement, pictures of the wedding, affidavits- from family and friends, etc....

 

Make sure when mailing out your package, you request for receiver signature confirmation-- USPS does a good job for me in this regards with their overnight delivery since you have about a week.