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F-1 Student with expired I-20 Visa applying for GC

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  • F-1 Student with expired I-20 Visa applying for GC

    I have a couple of issues.
    a. I just finished my Masters program and am applying for PhD but I havent heard back from the university yet. My I-20 expired on April 31st and I am on the 60 day grace period. I have one more month until i can get the admission and apply for a new I-20.

    b. My wife is a U.S. citizen and I was wondering if I could apply for the GC even though I am on the 60 day grace period so that I can avoid returning back to India(home country).

    Can someone let me know if I can apply for the GC during the grace period?

    If so will I be allowed to stay in the U.S. after the 60 day period if I have submitted all my applications required for GC such as the I-130, I-485, I-864, etc?

    And will I be eligible to apply for work authorization while the I-130 and I-485 are pending?

    I know one thing for sure, is that I wont travel outside the U.S. while the application is pending.

    Any help would be appreciated.
    Thanks,
    K

  • #2
    khana

    Yes Apply for your adjustment of status without giving a 2nd thought as you are still legal and have a grace period of one month. Once you apply for adjustment of status (I-485) you become in status until you get your greencard. But after one month if you do not get I-20 it will be very difficult for you to get GC here in US.

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    • #3
      Answer

      Originally posted by k11101979
      I have a couple of issues.
      a. I just finished my Masters program and am applying for PhD but I havent heard back from the university yet. My I-20 expired on April 31st and I am on the 60 day grace period. I have one more month until i can get the admission and apply for a new I-20.

      b. My wife is a U.S. citizen and I was wondering if I could apply for the GC even though I am on the 60 day grace period so that I can avoid returning back to India(home country).

      Can someone let me know if I can apply for the GC during the grace period?
      Answer : MOST LIKELY. You can even apply if you are out of status
      If so will I be allowed to stay in the U.S. after the 60 day period if I have submitted all my applications required for GC such as the I-130, I-485, I-864, etc?
      Answer : YES, you will be allowed to stay in the US as long as your i-485 is pending
      And will I be eligible to apply for work authorization while the I-130 and I-485 are pending?
      Answer : YES (form I-765 category c9)
      I know one thing for sure, is that I wont travel outside the U.S. while the application is pending.

      Any help would be appreciated.
      Thanks,
      K
      P.S:All info based on what I have seen in these forums
      Last edited by zoomz00m; 12th June 2005, 06:27 AM.

      Comment


      • #4
        Lawyer for GC

        I got rejected from the PhD admission and I have now consulted a lawyer to aplly for the GC. Now that I have less than a month I am just going to give it a shot and apply for the GC. Hopefully there wont be much trouble.

        My marriage took place only a couple of weeks back. Frankly speaking i got married to my fiancee only because we were worried that I might have to return to my home country. So will my applicstion be rejected due to concernd regarding marriage being for the purpose of immigration since date of marriage and date of application are only a couple of weeks apart?

        When will I likely get a call for the finger printing and interview?

        How long will I have to wait to work after applyiong for I-765? I'm sure these are basic questions but I am just new to the whole process.

        Thanks zoomzoom and khana 76 for your help.

        k

        Comment


        • #5
          Answer:hopefully it will help

          Originally posted by k11101979
          I got rejected from the PhD admission and I have now consulted a lawyer to aplly for the GC. Now that I have less than a month I am just going to give it a shot and apply for the GC. Hopefully there wont be much trouble.

          My marriage took place only a couple of weeks back. Frankly speaking i got married to my fiancee only because we were worried that I might have to return to my home country. So will my applicstion be rejected due to concernd regarding marriage being for the purpose of immigration since date of marriage and date of application are only a couple of weeks apart?
          When will I likely get a call for the finger printing and interview?
          How long will I have to wait to work after applyiong for I-765? I'm sure these are basic questions but I am just new to the whole process.
          Thanks zoomzoom and khana 76 for your help.
          k
          You need to apply for
          I-130( petition for alien relative...to be filled out by your wife)
          I-485(application to register permanent residence or adjust status..to be filled by you..also you'll need to do the medican I-693, provide proof of sponsorship I-864 with the I-485)
          I-765( Application for employment Authorization)

          As far as how long it will take:
          I-130/I485 is adjudicated (meaning a decision will be made) together I believe. IHow long to get your interview depends on where you live...because that corresponds to the DO(district office).{ The fastest I have seen is around 80 to 90 days for Jacksonville, Dallas etc, and people have been waiting for around 2 years in DO like newYork}
          Go here https://egov.immigration.gov/cris/jsps/ptimes.jsp
          and you can see for yourself what date thy are processing I-485

          I-765 EAD is now taking between 2 to 3 months and is processed seperately. And if you don't get an approval or denial for I-765 you can go to your local DO to get an interim EAD with which you can work.

          Lastly,
          Most people apply within a month or two of getting married. So you'll be fine with that.

          So basically advice is;
          Get your papers ready, do a medical I-693, get a sponsor I-864 and apply for AOS.
          And you mail everything to NMC at the Chicago lockbox.
          Keeping posting/browsing this helpfull forum and you'll get ur answers.

          P.S All info are based on my own experience and what I have seen in this forum.

          Comment


          • #6
            Thanks a lot.

            I got the I-693, i-864 ready. I am sending the packet on monday and will wait for the receipt.

            Thanks,
            k

            Comment


            • #7
              Regarding university course enrollment

              I just submitted all the necessery forms required for the GC processing and I also got accepted into the PhD program. But today I got the news from the international center that they werent able to process my I-20. So I have a couple of questions:

              1. Can I be enrolled as a full time student even though i dont have an i-20 and my GC case is pending?

              2. Can I get paid from the university once I have my I-765 form approved?

              Thanks,
              k

              Comment


              • #8
                Receipt Rejected

                I got a rejected receipt for filing the wrong finger printing fee. Do I send the correct money order to the same address (chicago lockbox) with any additional documents so they dont mess up my file? or should i just send the money order.
                Please help me asap.
                thanks

                Comment


                • #9
                  send a money order or a check for the correct amount asap (do enclose a cover letter).

                  yes, while you are in AOS status, you can go to school full time or work. Or do nothing at all.

                  yes, once you have the work permit you can work for the university or anybody else. In some cases, they even allow you to pay instate tuition.

                  Comment


                  • #10
                    Thanks,
                    I have sent the correct money order. I have also scheduled an appinment for biometrics tomorrow.
                    k

                    Comment


                    • #11
                      Hi,

                      I just got my Employment Authorization Card.

                      What do I need to travel WITHIN the US for job interviews or tourist?

                      My F1/I-20 are expired. The I-94 that I currently have has a July 09 date. My passport is not expired and won't expired in another 2 years.

                      Thanks in advance!

                      Comment


                      • #12
                        do you have drivers licence? you can travel with that within us

                        Comment


                        • #13
                          hi sir i need a help my student visa is expired last month plz tell me the complete procedure so i renew it thanks
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                          • #14
                            just read the above post brovo. Its good info here. Just put your mind to it

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                            • #15
                              Usually the transport for applications is not payed...but its always good to find out for yourself

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