Filed today, F1 expires soon, what are my options?

[TangoVictor 37]

Hello,

 

I married a LPR and we shipped the AOS package this morning. My F-1 visa expires in 4 years but my I-20 expires Nov 1, 2020. Worst case scenario we don´t get the NOA before that date, what options do we have? Do I have to leave the country? 

 

Thanks

Edited September 23, 2020 by TangoVictor

[beefmaster2 51]

Do you have OPT? that would buy you some time. 

[TangoVictor 37]

Just now, beefmaster2 said:

Do you have OPT? that would buy you some time. 

I could apply for an I-20 extension and they`ll usually do it for 2-3 more months so I can finish my program but now that I`ve submitted the AOS I don´t know if its legal to do that. I don´t have CPT or r OPT right now but its something that I would`ve been able to apply for once I finish the program. 

[SusnOwen 130]

I am not sure of if you are allowed to apply for CPT or OPT while adjusting status - But as the spouse of an LPR, you need to leave the country while your status is valid - Adjusting with an overstay is only allowed for the spouse of a USC.  I would research if you can apply for the extension, or make sure to leave before it expires.

[Riley and SP 17]

4 hours ago, TangoVictor said:

I could apply for an I-20 extension and they`ll usually do it for 2-3 more months so I can finish my program but now that I`ve submitted the AOS I don´t know if its legal to do that. I don´t have CPT or r OPT right now but its something that I would`ve been able to apply for once I finish the program. 

Hi! 
 

I am also on F-1. My I-20 expires in January. We submitted our AOS package on July 31, it was received by USCIS on August 3 and we received NOA in the mail on August 25. I think you should receive your NOA before November and that will give you the right to stay legally here while the AOS is pending. You CAN’T leave the country before you have AP because that will be considered abandoning of your application.

 

I was thinking about OPT but the OISS officer at school told me that I can’t apply for OPT when I have already submitted AOS application. Not sure how correct that is ... 

[Riley and SP 17]

2 minutes ago, SusnOwen said:

I am not sure of if you are allowed to apply for CPT or OPT while adjusting status - But as the spouse of an LPR, you need to leave the country while your status is valid - Adjusting with an overstay is only allowed for the spouse of a USC.  I would research if you can apply for the extension, or make sure to leave before it expires.

But isn’t it different if you have already submitted AOS application? Doesn’t this give you the right to stay while USCIS is processing your application? 

[TangoVictor 37]

Just now, Riley and SP said:

But isn’t it different if you have already submitted AOS application? Doesn’t this give you the right to stay while USCIS is processing your application? 

My understanding is that you have the right to stay only if USCIS accepts your case and this is done by giving you the NOA1. Without that I can`t be here if I`m not keeping my F-1 status. 

[Riley and SP 17]

13 minutes ago, TangoVictor said:

My understanding is that you have the right to stay only if USCIS accepts your case and this is done by giving you the NOA1. Without that I can`t be here if I`m not keeping my F-1 status. 

Yes, thats right. But if you have already filed, they should accept it before November. It usually takes about two weeks. 
 

You can talk to your OISS school office about OPT. Let me know what they think about that. But as I told you, mine told me that I can’t all ply for OPT after I have submitted AOS because I already have demonstrated immigrant intent. 

[SusnOwen 130]

18 hours ago, Riley and SP said:

But isn’t it different if you have already submitted AOS application? Doesn’t this give you the right to stay while USCIS is processing your application? 

If you married a USC, yes - But I don't think it gives you the right to stay as the wife of an LPR - I could be wrong, but I think I would verify with a lawyer before overstaying the expiration of the visa.

[Riley and SP 17]

12 hours ago, SusnOwen said:

If you married a USC, yes - But I don't think it gives you the right to stay as the wife of an LPR - I could be wrong, but I think I would verify with a lawyer before overstaying the expiration of the visa.

Yes, it’s best to verify with a lawyer.

 

My understanding is that if you are married to USC, you are forgiven if you overstay your visa. If you are married to LPR, a period of overstay is not forgiven. With that being said, I believe that once you submit your AOS application you are in an authorized period of stay while USCIS is processing your application. 

[errie 0]

I believe you should be able to apply for an extension and continue to study even when your AOS application is pending. Talk to your DSO about OPT if you can. 

[wagecuck3 31]

If USCIS accepts the I-485, they will consider it to have been received on the day that it arrived at the lockbox facility, and you are in a period of authorized stay from that day to when a decision is made on the application.

 

The only problem is that if you don't get the receipt notice, you don't know whether the I-485 was accepted. So I definitely understand the anxiety of not having the receipt notice. One thing you can try is, if you haven't gotten the receipt notice after 2 weeks, then call USCIS and ask them for the receipt number - sometimes you can get it sooner this way than waiting for the mail to arrive.

 

I don't think you can apply for OPT, but if you're not finished with your courses yet, I think you can extend your I-20. My understanding is that this is just something the DSO does, and there is not a formal approval process from DHS that would allow them to deny it based on immigrant intent.

[TangoVictor 37]

1 minute ago, wagecuck3 said:

If USCIS accepts the I-485, they will consider it to have been received on the day that it arrived at the lockbox facility, and you are in a period of authorized stay from that day to when a decision is made on the application.

 

The only problem is that if you don't get the receipt notice, you don't know whether the I-485 was accepted. So I definitely understand the anxiety of not having the receipt notice. One thing you can try is, if you haven't gotten the receipt notice after 2 weeks, then call USCIS and ask them for the receipt number - sometimes you can get it sooner this way than waiting for the mail to arrive.

 

I don't think you can apply for OPT, but if you're not finished with your courses yet, I think you can extend your I-20. My understanding is that this is just something the DSO does, and there is not a formal approval process from DHS that would allow them to deny it based on immigrant intent.

I’m impressed with how complete and understanding your response was. Thank you very much!