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Found 24 results

  1. I am a F1 student. I was doing my opt after i graduate on December 2018. My ead card expired on January 01 2020. I got married on September 2019 with my husband which he is a citizen of the US. We sent I-130, I-1485, I-765, I-131 all the forms to USCIS. USCIS sent us mails to notice us they received our forms on December. already finished the finger print on January 2020 and USCIS updated about that on my account too. My manager told me my ead card expired so I called USCUS to explain the situation if there is a way I can still legally working. They told me I am on c9: “adjustments of status”, which I can extend my card 180 days. They told me tell my manager about that and then it should be fine. However, my manager asked me to see if USCIS can give me a official letter to prove it. So, I called them again and they said they will not give me anything to show that. Everything I need is on the website.I asked if I can have a chance to expedited my ead card then I can still keep my position. They told me it’s just two months now so it’s not necessary to do that. I want to keep my job because I love that job so much. What I can do now? Should I apply expedited the ead card still? Thank you
  2. Hi everyone, I am Sara, an international student from France at the University of Cincinnati - Cincinnati, OHIO (F-1 visa). I graduate this semester and applied for an OPT that will start on the 15th of June. My fiancé (an American citizen) and I will get officially married next week and I would like to apply for an Adjustment of Status in order to obtain a Green Card. However, I just sent my OPT files to USCIS and I was wondering... Is it okay to apply for the AOS anytime soon considering that I sent my OPT files to USCIS last Tuesday ? Also, does anyone know more about the Public Charge Rule implementation ? my fiancé has a job and a house in his name, however I am still a student and my parents, back at home, sponsor me for all my expenses, I was wondering if it would affect me... If anyone knows more or have a similar experience please let me know, thank you ! Sara
  3. Hi! I think I have a pretty straight forward question, but I am not really sure about the steps that I should follow. I am currently on a F1 student visa working on EAD that you get for one year after completing my studies. I am getting married to a US citizen in January and planning to change my last name to my spouse's last name. I am trying to understand when I should/can change my last name on my SSN and drivers license. I am applying for the new EAD along with our application for my Green Card (Adjustment of Status and Petition). Do I need to wait for my new EAD (with my new last name) to arrive in the mail first or do I have to go to the SSN office as soon as I have my marriage certificate? I believe that I can't change my drivers license before my new EAD comes because they request that as a proof of identity at the DMV, but I am also not 100% sure. Thanks!
  4. HI all , I am planing to buy house as i got recently married . My concern is soon( probably in 2 months ) I am going to file AOS from F1 visa and my wife is USC . If i do the 30 year mortgage before applying for adjust status , will i have trouble proving the intent during the interview as right now i am on stem opt . Can the visa officer ask me questions like why did i do 30 year loan on the temporary visa and my intent was to stay longer while applying for loan . Thank you
  5. Hi there. Just recently (end of September, 2019) got married to my now husband 💛and after weighing all our options and resources, we have decided to do this without an attorney. We knew it was gonna be difficult but we didn't know it was going to be so meticulous in detail (in reference to my case and specific situation). So I am the beneficiary and I am currently on an OPT and I have an EAD (expires 02/18/2020) and was on an F1 VISA (expired 07/06/19) when I arrived in the US and my husband is the US citizen. So, again, my husband and I are assembling the whole package (concurrent I-130 + I-485) without an attorney and we are running into a couple of issues while completing the forms we have to fill out for this packet. We would love some help on how to do this properly (we really want to avoid even the slightest possibility of receiving RFE, lol who doesn't)... All our questions: FORM I-131: - Part 3. Page 2. Item 1 and 2: Date of Intended Departure and Expected Length of Trip (in days): I don't know the date of when I'm planning to travel outside of the US yet so therefor also don't know the length of the trip. Do I leave this blank/N/A? What do I put here? - Part 7. Page 4: On a separate sheet of paper, explain how you qualify for an Advance Parole Document, and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered. (See instructions): Do you guys have any advice on how to "explain how one qualifies for Advance Parole"? lol. FORM I-765: - Part 1. Page 1. Item 1.a: I am applying for (select only one box): √ Initial permission to accept employment. - Replacement of lost, stolen, or damaged employment authorization document or correction my employment authorization document NOT DUE to US Citizenship and Immigration Services error. - Renewal of my permission to accept employment. Attach a copy of your previous employment authorization document. I selected the "initial permission to accept employment" because I thought that this is a different case (Adjustment of Status through spouse) than me applying for a renewal of my EAD that I got through being an F1 student. Did I interpret this correctly? - Part 2. Page 3. Item 25: "Your current Immigration Status or Category (for examples, B-2 visitor, F-1 student, parolee, deferred action, or no status or category)": I put "F-1 STUDENT ON OPT. Should I put something different? - Part 2. Page 3. Item 27: Eligibility Category: Would it be (c)(9)? FORM I-485: - Part 1. Page 2. Item 19: "Nonimmigrant Visa Number from this Passport": So I have two passports from my foreign country (one is expired and one is current). The one that has my expired VISA in it is the expired passport. The one I used at my last arrival is my current passport that doesn't contain the VISA number in it. Should I include the Nonimmigrant Visa Number in the answer of item 19 even though it isn't in reference to "this Passport"? - Part 1. Page 3. Item 24: "What is your current immigration status (if it has changed since your arrival?": At my arrival I was still in school and hadn't graduated yet. It was F1 at the time, but is it now F1 on OPT? Now that I am on an OPT but my VISA has expired.. what is my current immigration status? - Part 2. Page 3. Item NOTE: "Attach a copy of the Form I-797 receipt or approval notice for the underlying petition or application, as appropriate.": Isn't this only applicable in the case of when someone files just an I-130 instead of a concurrent I-130 and I-485? - Part 5. Page 7. Item 10: "Is your current spouse applying with you?": Thats a no right? Because he is a US Citizen and doesn't "need" to apply for a permanent residence? FORM I-130/FORM I-130A/I-485: - Mailing Address: Me and my husband are a little worried about having our mailing address be the same as our physical address just because we don't know if we will be living at our place for longer than the next 3 months. We were thinking that the USCIS would send all the documents to our mailing address only right? Therefore we were planning on putting my husband's parent's address (in Texas) on the forms instead of our physical address. Would this be the safe option? Has anyone done that before? - Employment History: item #: 42. - 49.b: Like I said, I'm on an OPT but because I am a freelance video artist, I have had multiple gigs (+7) over the course of this year since I have gotten my OPT but I have NEVER worked anywhere as a Full Time or Part Time employee. Should I list all the gigs I have done titling the Employer: "Self Employed" and Address: my home address and Occupation: OPT Freelance Video for _____(company) ? or should I title the Employer: the employer I did the gig for and state the Occupation as: OPT Freelance Video? I have also worked at my school as a teacher assistant multiple times for multiple teachers, so I am guessing I should include all those as well? Someone recommended me to fill out Employer 1 as OPT-F1-STUDENT-ACADEMIC and state the Date to: time that my OPT started and Date from: PRESENT and then just start at Employer 2 on the most recent gig I did, but I'm really not sure about that suggestion.. - Additional Information: So on almost every form there is a section to include additional information for Previous Employers or Previous Home Addresses. The thing that confuses me is what item number to refer to (together with the page number and part number). How did you guys gather what item number to put in? Any answer to any question would be more than appreciated. I know it's a lot of info and we have many doubts but we would be very grateful for any help or input!
  6. My initial OPT application got denied few days back. Below is the reason USCIS has specified. "As per Sevis, Course of study ends on December 31,2019. The application for employment authorization was received on September 30,2019. Because your application was received more than 90 days before the completion of your course of study, your application must be and hereby is denied". I will be graduating in Dec15th and I have additional 2 months grace period, in this case , can I reapply i-765 application again ?. My university DSO agreed that the mistake was on their part. Anyhow are there any restrictions from USCIS on creating new i20 from sevis due to this manual error ?. Please help me. Thanks
  7. Hi guys, So I just got married (yay) and am in the process of applying for a change of status from my OPT extension of my F1 visa to the green card. In the i-485 it asks for you to list your past employment for the past 5 years. On the OPT i am granted work authorization and a social security number and so can get work, but I should really only work in my field of study. However for the past couple of weeks I :have been working at a cafe whilst also employed in a job in my field of study. I was wondering what I should do with the employment question: whether I should not put down my cafe job (as technically I shouldn't be working it) and risk them finding out I lied or; if I should put down my cafe job and hope that they either don't look into it or that its not actually illegal what I've done since I do have work authorization and a social security number? Has anyone been through a similar situation? Any thoughts or suggestions would be great! Thanks very much!
  8. Finishing my F1 and Need to be available for employers but Green card/EAD processing times are very SLOW! I am married to a US citizen but needed to wait for J1 waiver. I have the EAD OPT option but reading outdated pages, it looks like applying for OPT and F1-AOS is a waste of money. However Green card EAD is taking forever to be processed based on other people's cases. Due to the delay in the Green card EAD processing, would it be advisable to apply for F1/OPT and AOS at the same time and wait to see which one comes first?
  9. My Post completely OPT was approved on August 15th. I received my approval notice and my SSN but I never received my EAD card. Since the beginning of September I have put in 4 service requests, spoken to tier 2 officers, and they still haven’t even produced my card. My initial status online around August 13 changed to “new card being produced” then it changed to “case approved”. Apparently they made my card and there was a mistake on it and no one reprinted it. I’m nearing the end of my 90 days of unemployment, and have a job offer to start October 28th. USCIS told me I am allowed to accept employment But it is up to the employer whether they want to hire me without the card or not and my school printed me something off that shows my status is active with my employment ID on it, but HR at the new job says they aren’t sure if they are can hire me without the EAD, so they have sent the only documents I had to their legal team. Has anyone else been in this situation? Is there anything else I can do? I’m allowed to put in another service request on Tuesday October 15th, but so far none of the service requests have worked any info is greatly appreciated.
  10. I'm on an F-1 Visa, and have applied for an EAD on Post-OPT. My application was received on June 27th and on August 13th I submitted an Expedite Request. I received a denial e-mail on the very next day, without even having the chance to argue about it. My question here is, now that my expedite request got denied, while I was about 40 days into the process, does that mean my application got sent to the bottom of the pile and I went back to the equivalent of day 1? I keep hearing rumors about it and it gets me very worried. It has now been 67 days since it was first received. P.S. If you're on an F-1 Visa, in the same situation; don't even bother requesting an expedite. You will be denied right away. If someone could help me figure this out, I'd be very thankful.
  11. Hello Everyone, I'm currently working in the US on my OPT (came to the US on F-1 visa 4 years ago) and got married to the US citizen last month. We're currently in the middle of filing all the documents (without a lawyer) and I'm surprised none of the documents require my tax returns or a proof of employment? Am I missing anything? Also, I wonder if I should state myself in I-864 part 6 under "Income you are using from any other person who was counted in your household size..." and use my W-2 and proof of employment as an evidence? Thank you for all your help!
  12. Hi, my boyfriend is a U.S. Citizen and I'm currently holding F-1 student visa. My initial OPT has expired in July, and I applied for STEM OPT Extension in April. The application is still pending, and I'm currently using the 180-day waiting time of STEM OPT application to work. We are planning to get the marriage license & certificate soon. If I get married to him now (but don't file for green card yet), will this affect my stem opt extension application? Thank you!
  13. .Hi my name is Jihyun. I graduated from four-year college this May, 2019, and my OPT started July 8, 2019. Around the time I graduated, my boyfriend, who is a US citizen, proposed me, and we decided to get married. The problem is, my major is very specific (art therapy) and requires a master's degree to be able to work as a clinician. At my Bachelor's degree level, any job I can find only requires high school graduates (such as activity leader at a nursing home). My unemployment period will end in early October, and I'm afraid I won't be able to find a job even by then. My boyfriend (now my fiance) and I are getting married on paper in August and we are trying to start the process of marriage greencard by September. My question is, if my unemoloyment period ends and I still don't have a job... will this effect the greencard process..?? We already moved to a new place together, and I'm really scared to lose everything we've had together.
  14. Hi all! I'm sure this question gets asked around here a lot. I've asked in multiple different forums on the internet and am getting different answers. HOW, exactly, should I file the Affidavit of Support? It's the last thing holding me back from submitting this freaking package, and I'm getting stressed out just thinking about it. Situation: My husband (F-1) and I (US Citizen) just graduated college and got married shortly after. He got a job where he earns several times more than the poverty baseline required, and is now on OPT. He's doing well at his company and they understand from their side that he is a permanent employee. I, however, am still looking for a job. Going on two months now. It's been hard since it'll be my very first job out of college and we had to move to a completely new state where I know absolutely nobody. The conditions for using an immigrants income are that we can prove that the income source will continue indefinitely. USCIS is extremely vague as to what this means. As I understand it, the nature of OPT is that it is for temporary professional training before returning to one's home country; i.e., still a non-immigrant category, therefore "not permanent". So it seems to me that under those terms, it is not qualifying income. Can anybody provide their own anecdotes of whether immigrant spouse's OPT income qualified without the need for a joint sponsor? Or maybe even the opposite? Should I get a joint sponsor anyway, or will the USCIS officer deem it unnecessary and give us trouble? I really don't wanna take the chances of an RFE either way... Also, will I get in trouble for listing myself as unemployed, even though I'm doing odd jobs under a temp agency and making laughably unpredictable and unmentionable income? Thank you!
  15. I have applied for initial OPT on March 2 and haven't heard back anything from USCIS yet. Meanwhile "Company A" (whom I was supposed to work after I graduate and get my OPT EAD) applied for my h1b under regular processing which got approved last week. However, due to personal and location issues, I won't be joining Employer A and I have already told them. Currently, I have an offer with "Company B" who are willing to sponsor me next year. My questions are: 1. Do I lose my F1 OPT status as soon as my H1b gets approved (Not stamped yet from my home country)? What if I don't get my H1b stamped? 2. Can "Company A" withdraw my approved petition and things fall back to normal? 3. Should I tell " Company B" about this situation? What is the worst that can happen to me at this point in time?
  16. Hi all, First i want to thank this platform and all the readers/folks on helping me. I have been googled all day for the past 3 days trying to figure out what to do in my case. My wife and I just got married last month and have just received our marriage license and will be filing AOS. However the following is our main concern: 1. My wife is currently working via OPT which will be expire in September. If i filed the AOS along with i-765 (Employment Authorization Card), it will roughly take 3~6months to get the EAD card. My wife and I surely didnt want that to happen because her OPT will expire which means she will be out of work. We are currently want to file all the AOS paperwork (includes i-765) and will also file the renewal of her OPT (which will buy us more time while waiting on the EAD card), will these conflict? is there a better solution to my case? I was also told that once I filed the AOS, my wife's OPT/F1 status will be expired and that she will need to quit her job today and wait for EAD card in order to work. Is this true? Lastly, can I include the expedite EAD documents(evidences) along with my AOS paperwork? if so what documents are needed to expedite EAD? Thank you so much!! My Timeline: 6/18/2019: AOS forms/paperworks are ready to be submit. (working on OPT renewal paperwork)
  17. I'm currently on OPT and will file for STEM OPT within the next few days. My current EAD expires on February 04, 2019. It's very important for me to travel to India on February 10th. Since It's very unlikely that I would be receiving my new EAD before my travel, Would it be safe to travel and re-enter USA without EAD card? Can I use valid I-20, password, visa, EAD application receipts to re-enter? Also, would it be safe if I travel to India without EAD and then once received, my roommates send me the new EAD to India?
  18. Hi, I came to US as an international student from India with F1 visa and recently graduated with a bachelors degree. My family has been in US for the past 6 years as they came here as residents with green card. They couldn't file for my green card from India because of my age restrictions, but my mom filed for me after she came to US. When the immigration laws changed my status for green card processing was pushed back to five years, that means we have to wait for another three years for them to start the processing again. It has been approved and we were just waiting to get the final notice when the immigration laws changed. I haven't been back to India since I came here(5 years) and my grandparents are back home. I would like to visit them before my Visa or OPT expires, and come back to US to stay with my family. Our lawyer advised not to travel anywhere with my current status because I might not be able to come back to US until I get my green card. Is that the case? I have valid F1 visa until the end of July 2019 and OPT after that. Would it be a bad decision to travel for just two weeks to India? Sorry for the long story but any help is appreciated. I just need to know if I can travel. My grandparents are old and I would like to visit them for at least two weeks. Thank you for the help in advance!
  19. 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
  20. I am a F1 visa holder in united states and finished my masters in December 2018. I applied for OPT on November 2nd and 1st time my opt got denied on November 30th because DSO forgot to check one box and school got package of denial itself on 30th day(Friday 4 pm) and hence I was told from my DSO assistant to correct it and send I-765 back but she didn't inform me, it had to be sent back on 30th day or same day itself as DSO assistant wasn't aware. So I did mail that overnight package on Monday December 3, 2018. After 120 days I got my RFE for OPT on April 3rd, Because I failed to submit I-765 within 30 days of the date, The reason i sent package on 33rd day was it was monday, school it self got OPT RFE on 30th day 4pm and dso assistant didnt know it had to be sent on 30 day. I got notice on my RFE that I can not appeal for this decision but I may file a MTR. Currently, I have filed a MTR yesterday for this decision with my DSO's explanation that student wasnot aware of 30 day rule and she(dso) was not in office, so she(DSO) could not let him know that it had to be sent on 30th day itself. I want to know that is there any chance that my MTR will be approved as lot of people are telling me that MTR will likely to fail. How long does it take to get reply of MTR? What are my options right now if my MTR fails and about doing second masters, or School can help me giving employment as h1 petitioner. and all the legal advice for solving this situation would be highly appreciated.
  21. Hi, I'm an F1 student that just got married 2 weeks ago. I will file for AOS in March. I was on OPT a year ago and was given a social security card. However, I'm wondering, when I apply for work authorization during the AOS process, will I get a new social security number/card? I hope I will because I believe that the current one I have is being used without my permission. Please advise. Best,
  22. My main question is: is me getting married before applying for OPT going to prevent me from being approved? I know I can apply for adjustment of status, but I feel like getting a job would be easier if I started with an OPT, and then adjusting my status while working.
  23. Hello All, My fiance went to school in the US. She graduated and used her OPT as a volunteer while applying for other positions. She went back to her own country recently. Does that OPT experience count as "Employment History" when filling out the I-129F, Petition for Alien Fiancé(e)? She technically was not paid, and there is little documentation of volunteer work outside the information she has to submit for her OPT. Any form of guidance or way to look at the question would be appreciated. Thanks, Matt
  24. Hello, I'm seeking for some similar experience to my case. I'm on F1, student visa; currently working full-time on OPT. My EAD card ends on Feb. 11. I'm planning to get married to my boyfriend and was wondering if applying for the marriage-based green card during my 60 day grace period is too soon? I was told you should wait around three months to send the application? So assuming we get married by Feb. 11, and send out the application on the very last day of the 60 day grace period that would be around two months. Would love to know if anyone here has similar experience.
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