My OPT just expired from my F-1 Visa. I'm Canadian, I have a pending 1-485 form and am applying for 1-765; what's my status.

Asked over 1 year ago - Brooklyn, NY

My F-1 Visa has no expiration date, it simply says D/S. I'm applying for permanent resident status as I'm married to an American citizen and am applying for work authorization and in question 15 they ask for my "Current Immigration Status". Since my OPT just expired (literally 3 days ago) what is my status? Do I retain F-1 status for a short period of time?

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    Answered . Expired F1. Your AOS renders your stay authorized by the AG for the duration of the ASO adjudication but it DOES NOT give you any nonimmigrant or immigrant status.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Olesia Gorinshteyn

    Contributor Level 12

    6

    Lawyers agree

    Answered . You may still enjoy 60-day grace period upon expiration of your OPT.

  3. Anu Gupta

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . I agree with Attorney Segal.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more
  4. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . Put in: F-1/OPT (expired EAD)

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  5. J Charles Ferrari

    Contributor Level 20

    4

    Lawyers agree

    Answered . For the 60 days following the expiration of your OPT, F-1.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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