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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.

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

  2. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. 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; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  4. 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 Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.

  5. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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