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Found 42 results

  1. 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.
  2. 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
  3. 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,
  4. 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.
  5. 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?
  6. Can an intending immigrant add their income from OPT/STEM OPT for I-864 purposes if their US citizen spouse does not meet the 125% of poverty guideline? I graduated from college in a STEM major, and I currently work under STEM OPT, and my income is a few times more than 125% of poverty guideline. On the other hand, my US spouse does not make enough. We hired a lawyer and he said I can use my income from STEM OPT for I-864 purposes (and hence we do not need to find a joint sponsor), and we submitted my pay stub and an employment letter from my boss and my HR stating that I have been working for them AND that there is no foreseeable layoff or termination of my employment. We did not get any RFE, and we got our interview date. Now, one of my friends who is familiar with immigration law told me that OPT's income cannot be used for I-864 purposes because it is not a permanent position. Like, OPT means you work with an EAD which has a clear expiration, and therefore it doesn't follow the rule of I-864 instruction "The income continues from the same source". I did some research on my own using some famous lawyer forum websites, and immigration forums like VisaJourney, ***removed*** etc.. and it seems like some say OPT's or STEM OPT's income can be used, and others say it cannot be used. I am very confused. Can anyone tell me what is true? Does it mean an automatic rejection on my AOS application if my STEM OPT's income cannot be used? Is there anyone who was able to use their income from OPT/STEM OPT for I-864 purposes, or do you know anyone who did that? Approved? Rejected?
  7. Good afternoon! I'm an international student who applied for work permit OPT / EAD card. My application was received by USCIS on June 8, however, I have not received any approval yet. Does anybody who sent the application by the end of May and beginning of June has already received the card? I feel sad because I got a job offer but the EAD card has not arrived yet and it was processed at Potomac Service. Best regards
  8. adinutzyc21

    Immigrant Intent and OPT

    I'm currently an F1 student until August 2014, and I am planning to apply for an OPT afterward. There's a period in which I can do that (90 days before completion and 60 days after) so I am planning to apply either after I get a job offer or by October this year, whichever comes first (hopefully the former). I've also been selected for the DV, with a CN of EU 30,xxx.. I went to the International Students Office at my school and asked them about it, and they said that I should apply for an EAD based on my DV win, which is believe is completely erroneous information. I could guess they don't usually deal with this situation, so I can't really trust what they say. Now, I was wondering a few things, and would appreciate if anyone who sees this who was either in a similar situation or is knowledgeable about it. Do I need to demonstrate non-immigrant intent to get my OPT? Would winning the DV (or even applying for it) qualify as immigrant intent? Would filing form DS-260 qualify as immigrant intent? Should I file the form DS-260 after my OPT is approved? Does it even make sense to apply for work authorization when my CN number is somewhat high? Wouldn't that be automatically rejected? Can I do AOS from OPT to GC? Anyone know how long that would take? (this should probably be its own separate topic) I'll probably email the International Students Office at my school and clarify what the DV is and how it works with them in writing, because I assume they don't see a lot of situations like mine, but they probably have contacts that they could ask. In the meanwhile though, I'd appreciate your input! Thanks!
  9. Hi Everyone, This is my case: I was under F1 visa and doing my OPT year when I got married and filed for Green Card including EAD and AP combo. Unfortunally my OPT year ended before getting the EAD and I dont know if I can keep working or not. I dont want to lose my job right now. It will be a terrible economic and profesional lose. Does anyone know if I can keep working while I wait for the authorization. I know we are not suponed to start a new job while waiting, but since I was working while I applied can keep doing it? Please help!!!
  10. Hi all, I have a dire question that I need assistance with. I'm currently on OPT and have received my EAD card a month ago (June 4th). I also recently submitted my Green Card application (May 11th) after marrying my husband, who is a US citizen. I got a job offer yesterday, and I was wondering if I can work with my EAD from OPT. Am I legally allowed to work on OPT with my current EAD card or do I have to wait until the EAD card from the Green Card application is issued? Thank you very much for your input. I really appreciate any help! - Sam
  11. Hi, My current status is F1-OPT and so I have an EAD for work. Now I am filing my AOS (i-485) under F2A category. In the form i-485, do I put the Alien Number the same as in my OPT EAD card ? or I just leave it blank for getting a new alien number later on?
  12. Hello and thanks for this forum, -2014 Visa granted for Ms in Engineering -Program finished now enrolled in phD, with new I-20 -Visa expires October 2018 Going back to Egypt this summer, should I risk renewal while it is still valid, or come back to the US and stay on I-20 as there has been a lot of noise around the new administration and student visa? And in the case that I don't renew it, should I apply for an I-539, and whether its denial would lead to a loss of status that would invalidate the current I-20 Thank you very much.
  13. Hi, My fiancé and I just got engaged! He is an American citizen and I am from Brazil. I have been in the US for almost a year, first on a student visa (F1), and now on my OPT (optional practical training – 1 year work permit). We have decided to try to fill out all the paperwork without hiring a lawyer, but I have some very case specific questions about ‘Form I-765 Application For Employment Authorization’. Any advice would be highly appreciated! We are getting married in June 2018 and hoping to file soon after. Am I applying for “permission to accept employment” or a “renewal” of some sorts? I currently have a valid Employment Authorization issued by the USCIS Potomac Service Center (YSC) granting me permission to work, but it has been filed under my F1 student visa and its only valid for one year. Currently my SSN has a stamp on it that reads “Valid for work only with DHS authorization”. Do I answer “yes” or “no” to the following question: “Do you want the SSA to issue you a Social Security card?” Is my current immigration status “F1 Student” or “Optional Practical Training”? Is my Eligibility Category C9?
  14. Married to a USC. My question pertains to EAD work permit. I filed for OPT 4 weeks ago and I plan on filing adjustment of status in a couple of weeks. My question is this: Will the pending OPT EAD application be cancelled if I file a new I-765 with the AOS application? I'm worried because Adjustment of status EAS seems to be taking so much time nowadays and I don't want to be jobless for so long. I'm hoping to get OPT EAD card by mid July. Thanks y'all.
  15. Hi, I'm an F-1 student and got my associates in May 2017, I am now doing OPT and have to file taxes before the 17th. When I asked my employer for a W2 he said that I'm a contract labor and not an employee. My question is: what form do I need in order to file taxes? Thanks.
  16. A year ago, my ex-wife withdrew the I-130 at the green card interview. We had been going through issues, she cheated and we decided to try and reconcile before the interview. It didn't as planned, we were separated. According to her, there was no mention of marriage fraud at the interview, the Immigration Officer asked her if she wanted a home visit and her not being sure of what to do said no and he said if she didn't want that then she needed to sign the paperwork withdrawing the form I-130 and she did just that signed a document withdrawing the AOS. A couple of days letter I got the denial letter saying my case was denied on the basis that the I-130 was withdrawn, again there was no mention of marriage fraud l which I feared because at that point all trust was broken between her and I. We planned to re-file again after consulting with lawyer as that apparently was the best course of action. But our marriage was again tumultuous, due to actions on both our parts. We decided to get a divorce. I currently on F-1 status still, with another year of OPT and have been seeing someone, we have discussed marriage but I wanted to know if I could adjust again, albeit I know more scrutiny? Less
  17. Hi guys, I recently got married to my boyfriend! I'm still on my F-1 visa and in my OPT year. So I'm currently working with my AED card provided through OPT and I'm having trouble with how to file for a green card. There are so many forms up on USCIS and I want to make sure I collect all correct documents and apply for permanent residency the right way. Any tips or advice? thanks:)
  18. We got married 4 months ago. A little information about us: Groom was born in Ivory Coast (became a US citizen a few years ago), bride was born in India. Groom has a job, and so does the bride thanks to her OPT extension being approved. We would like to adjust the bride's status in the US. We are thinking about hiring a lawyer because we have a lot of questions. We are giving VJ a shot to see if we can save some much needed money. List of forms needed? (Here's what we have so far: i-130, i-130a, i-131, i-485, i-693, i-765, i864) How to fill out form I-765 for employment authorization (the bride has filled out i-765 twice, once for OPT, and STEM OPT extension) How to fill out form i-485 for no. 29? And how to show evidences or deposition? How long is the processing time and is it recommended to move at all? Or can we change the mailing address? Can the mailing address be different from our physical address? Our birth certificates are in different languages. Do they need to be translated? How? Should the bride’s OPT income be used for the process? Can the bride’s family (parents, sibling) be taken into consideration for Permanent Residency as well? Thanks for reading, and thanks in advance for your help.
  19. Need expert guidance. I am already travelling outside USA for official work and I misplaced my OPT EAD card. Some blogs I read which says my F1 visa and valid i20 ,employment letters and passport should be enough but I need some advise of what should be my steps to make sure there is no problem in re- entry. I have the scanned copy of my original OPT card which I can produce along with the employment letters and details. I am going back to USA in april so If i apply for replacement I would not get it so soon. Please advise, thanks in advance.
  20. I need advice/someone been through this I’m here in the US with my husband. We are on M-1/M-2 visa. We applied for extension two months before our i-94 date expires. We just received that our i-539 is denied. I’m currently 38 weeks pregnant which means I can’t fly. We applied for OPT (optional practical training) but haven’t received anything yet. 1) My i-94 has expired but I filed the extension 60 days before and now I can’t fly. What to do? 2) Is the i-539 form related to the opt? Does that mean the opt will be denied too?
  21. collegesweethart

    Travel on OPT

    I am graduating in May 2018 and getting married in Aug 2018 to my fiancé who is a U.S. citizen. I will have my EAD until May 2019 and will not be adjusting my status until then. My fiancé and I are trying to plan our honeymoon and really want to leave the country. I have read many sources that state if I have the right documentation ( letter from my employer, F-1 visa, passport etc.) I should be fine. Is there anything else i should be aware of? (Like maybe having problems when I want to adjust my status next year). Has anyone done this before? Just want to be 100% sure I won't be deported or unable to adjust when the time comes.
  22. Hi. I graduated from a university in the US in a science major, and I have been working for a company as a scientist on OPT. My initial OPT expired on January 3rd. I applied for STEM OPT extension earlier and it was accepted by USCIS on November 20th and I got a I-797 receipt notice soon after they received my application. My DSO and USCIS website says I qualify for automatic 180 day extension after my initial OPT expired because I applied for STEM OPT in time (before it expired) and the case is pending. However, it has been more than 3 months since they received my STEM OPT application, and yet they haven't made a decision. Why does it take so long? I thought they would make a decision within 60-90 day range. I have been working on the 180 day extension, but I am worried if they are going to reject my case because it has been taking more than 90 days. Does taking longer than 3 months usually mean I have a higher chance of rejection? How long did you all's STEM OPT application before USCIS's decision?
  23. Hello everyone, I m currentyl an F1 student graduating in May 2018 .I got married last week. I am eligible to apply for OPT thourgh my university , this will give me an EAD ,work authorization but I can't apply untill May .I m preparing documents for my AOS that I intend to file in March but I am confused to apply for EAD too with my green card application , or since i am applying for OPT I don't have to apply for EAD twice . Thanks soo much I realy need some help on what to do , I dont want to apply twice for work authorization (pay twice the fees ) and I dont want to miss the opportunity use my OPT since its going to be a faster process (ususaly less than two months ) ???
  24. Hi everyone! Here is my situation: I applied for my EAD card all the way back in November 2017. USCIS is still reviewing my application. I got a job offer 3 weeks ago and my employer's HR is trying to run a background check on me which requires a social security number. I got really impatient with USCIS and decided to go to a local social security office and issue a social security card. The agent at the office told me when USCIS sends you a social security card along with your EAD card, just contact us and we will destroy it and you can keep using the one we issued for you today. I just got my card today by mail and I want to check if it is valid and associated with my records (such as SEVIS). I tried to test my new social security number by creating mySocialSecuirty account and the system's response "We cannot create an account for the Social Security number you entered". I also tried to use my social security number in E-verify (checking my employment eligibility) and the system fails to associate my new number with my name. Can someone help me? Is this normal? I really want to make sure my social security number is valid before I use it for background check. Thank you so much!
  25. Hi, I have a question on applying OPT while green card (family based) is pending. Here is my situation. I am a PhD student graduating Spring 2018. I am currently holding F1 visa and married to a US citizen. Thus I applied green card applications (I-130, I-485, I-765, I-131) on August 2017. As of 02/05/2018, the green card application is still pending. Received job offer starting July 2018. The question is that am I eligible to apply OPT? just in case the green card is still pending at the time of the appointment? Any comments will be very appreciated! Thank you so much! Any further information is needed, please let me know.
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