Current status question on I-485: out of status?

M

meg2006

New Member
I'm filing for AOS based on marriage to a US citizen and am stuck on this question on I-485. It asks for my current status and its date of expiration. I've been out of status for a couple of years after my EAD/OPT expired. Should I put "out of status" and "n/a" on Expiration date?

Also disclosing my current employment won't hurt my employer, right? I've been paying my taxes. The company hired me on OPT and had no idea of my unauthorized employment after its expiration. I wouldn't want to get them in trouble and get fined or anything like that. I appreciate your comments.
 
meg2006 said:
I'm filing for AOS based on marriage to a US citizen and am stuck on this question on I-485. It asks for my current status and its date of expiration. I've been out of status for a couple of years after my EAD/OPT expired. Should I put "out of status" and "n/a" on Expiration date?

Also disclosing my current employment won't hurt my employer, right? I've been paying my taxes. The company hired me on OPT and had no idea of my unauthorized employment after its expiration. I wouldn't want to get them in trouble and get fined or anything like that. I appreciate your comments.
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Meg,

Congratulations on your marriage... :p You should put in the date of your expiration as it appears on your OPT or VISA page. What is the point of hidign when it expired, if the USCIS has access to the information? Really, this is an opportunity for you to come clean and give them basic information without putting a spin or mystery into it... :rolleyes:

Don't put N/A in the expiration date, unless you want to tell USCIS that your visa doesn't expire, because N/A applies only to item which are not applicable to you. For example, you name in roman letters, if you don't use roman letters, then you put N/A. :eek:

On working without authorization, you are on solid grounds. USCIS forgives overstays and working without authorization to immediate relatives of US citizens. As long as you paid your taxes, then bring your tax returns to the interview and you will be fine. You won't be fined for anything. Also, stop lying like "The company hired me on OPT and had no idea of my unauthorized employment after its expiration" :rolleyes: You knew full well when your OPT expire, so stop acting innocent or you are going to turn a simple immigration process to a difficult one. At the interview, if they ask you if you knew that your OPT had expired, tell them yes, but the lure of gaining professional experience was greater in your eyes, and you recognize that you violated the law, but you are sorry.... NOT: I didn't know it had expired... :mad: :cool:

KEY TO ALL DEALINGS WITH USCIS: Be honest, truthful and upfront with all facts which can be found by USCIS. Such as expiration of your visa. :eek:
 
Meg,
Al is on the ball again... i was in a similar position except my OPT expired 5 years ago. what my lawyer did was put the place of employment during my OPT and for the time i was out of status she put as misc. employment.

I had my interview last week and took my tax returns for the last 3 years and also multiple pay stubs. she looked at them and was happy that i paid taxes. we got approved the same day in Newark. I think they look at it as a plus if you make decent money and pay your taxes hence you won't be living off the Gov't. Don't worry all will be well as long as your truthful.

Good luck!
 
Thanks for your replies, guys. I think I made myself unclear in terms of not knowing my OPT expiring. Gotta blame it on my bad English. Of course I knew what I was getting into, I was full aware of my being out of status and etc. What I was trying to say is that my employer didn't know of my OPT expiration and they had no idea that I was working without authorization. Hence the worry that my employer might get penalized for employing me without a work authorization. I hope that's not an issue.
 
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