My husband had filed for NIW and the approval notice came May 20th.
We submitted the I-485 application for him and myself on May 26.
My OPT expired yesterday on June 1, 2016.
Does this mean that I can stay in the United States?
Does it matter if the I-485 is dated after June 1st? I would have only been out of status for a few days.
There is a 60-day grace period after the OPT expiration date. I suggest you consult with an immigration attorney in private so your case can be reviewed.
The information provided herein is for informational purposes only and does not, in any way, establish attorney-client relationship.
Yes, as long as the I-485 papers were done correctly and you have a fee receipt, you can stay .. but NOT WORK.
To work you need to wait around 90-100 days for the work permit to arrive.
You have not been out of status because the application arrived before your OPT ended. Plus, there is a grace period.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are 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.
Yes. You can stay in the United States as long as your I-485 Application was properly filed with the USCIS and accepted by the USCIS for processing, which you should find out within about the next one to two weeks when you receive your I-485 Receipt Notice in the mail. It is the filing date that counts, not the date the Receipt Notice was eventually printed and mailed out by the USCIS. Your I-485 Application was filed with the USCIS about five days before your F-1 OPT expired, plus you have a 60-day grace period after the expiration date of your F-1 OPT, during which time you continue to be in F-1 status.
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In your case , you were within the 60 day grace period and thus in status at the time of filing of the FORM I-485. However, you did not mention whether your spouse was in status at the time of filing of his FORM I-485. If he was not in status then either FORM I -485 should not have been filed.
If your I485 and supplemental forms were filed correctly and receipted while you were maintaining status, you should be eligible to adjust all else being positive (meaning no issues of inadmissibility). However, I would add that your status as a student with valid OPT relied upon you maintaining employment in your field of study without a break of 90 days or more. You should review your filing with an attorney to determine if you have any issues to cause concern.
You are shooting yourself in the foot trying to handle such case pro se without an experienced counsel.
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