DV 2007 AOS only
- Thread starter Jugnu786
- Start date
Hi adirom,
Given time is the key in your case.I would suggest to walk in for FP's after getting the notice from USCIS.Most offices don't mind this and this might save you some crucial time at the end.Background checks can start anytime after submission of I-485 but in most cases that is the same day as of FP's.
We walked in and told them we will be going out of town etc on schedule date and they said no problem....
Jugnu
Given time is the key in your case.I would suggest to walk in for FP's after getting the notice from USCIS.Most offices don't mind this and this might save you some crucial time at the end.Background checks can start anytime after submission of I-485 but in most cases that is the same day as of FP's.
We walked in and told them we will be going out of town etc on schedule date and they said no problem....
Jugnu
Hi All,
I've Just Received A Letter From Uscis Office(notice Of Intent To Deny Aos). They Say That Because My Husband Haven't Worked While He Was On Opt, We Became Out Of Status. And So We Can't Apply For Aos Here. They Say We Have 30 Days To Submit Information In Support Of Our Application And In Opposition To The Proposed Denial. If Our Response Don't Overcome The Proposed Grounds, Our Aos Application Will Be Denied. If The Aos Application Is Denied We May Go To Consular Processing.
I've Just Made An Infopass Apoointment For Monday Morning, And We're Gonna Go And Ask Them About This Situation.
In According To This I Have Some Questions For You. I Hope You Can Help Me With Them Asap.
1. Our Immigration Officer At School Has Told Us That We Don't Have To Work, I Mean We Wouldn't Fall Out Of Status If We Couldn't Find A Job. At The Interview, We Told The Uscis Officer About That And We Showed Her Our Job Offers And Told Her We Couldn't Find Any Job According To The Opt Qualifications. Now What Can We Tell The Uscis? I Remember That If You're Out Of Status Before Applying Aos, There Was A Document For That, And You Would Pay 1000$ Per Person Or Something. Could We Do That?
2. If They Say There's No Way, And We Got Denied, Could We Get All Our Documents Back And Go Our Country And Try Cp Instead? There's 3.5 Months Or So Till September 30th. Do You Think We Could Make It?
3. If We Go Through Cp, The Medical Tests, Security Name Checks, Or Fingerprints Check, Would These Documents Be Accepted By Consular Office? Or Would They Start All Over Again? Do You Think We Could Have Enough Time For This?
4. We Have Ead Card Through This Aos Application, And It Ends On March 2008 Or So. My Husband Is Working Now. During This Time, Could We Stay Here, Or Would We Be Illegal?
We Can't Decide Whether Do Cp Or Forget The Greencard And Stay Here Until The Ead Card Ends.
I'll Be Waiting Anxiously For Your Help. Thanks So Much.
I've Just Received A Letter From Uscis Office(notice Of Intent To Deny Aos). They Say That Because My Husband Haven't Worked While He Was On Opt, We Became Out Of Status. And So We Can't Apply For Aos Here. They Say We Have 30 Days To Submit Information In Support Of Our Application And In Opposition To The Proposed Denial. If Our Response Don't Overcome The Proposed Grounds, Our Aos Application Will Be Denied. If The Aos Application Is Denied We May Go To Consular Processing.
I've Just Made An Infopass Apoointment For Monday Morning, And We're Gonna Go And Ask Them About This Situation.
In According To This I Have Some Questions For You. I Hope You Can Help Me With Them Asap.
1. Our Immigration Officer At School Has Told Us That We Don't Have To Work, I Mean We Wouldn't Fall Out Of Status If We Couldn't Find A Job. At The Interview, We Told The Uscis Officer About That And We Showed Her Our Job Offers And Told Her We Couldn't Find Any Job According To The Opt Qualifications. Now What Can We Tell The Uscis? I Remember That If You're Out Of Status Before Applying Aos, There Was A Document For That, And You Would Pay 1000$ Per Person Or Something. Could We Do That?
2. If They Say There's No Way, And We Got Denied, Could We Get All Our Documents Back And Go Our Country And Try Cp Instead? There's 3.5 Months Or So Till September 30th. Do You Think We Could Make It?
3. If We Go Through Cp, The Medical Tests, Security Name Checks, Or Fingerprints Check, Would These Documents Be Accepted By Consular Office? Or Would They Start All Over Again? Do You Think We Could Have Enough Time For This?
4. We Have Ead Card Through This Aos Application, And It Ends On March 2008 Or So. My Husband Is Working Now. During This Time, Could We Stay Here, Or Would We Be Illegal?
We Can't Decide Whether Do Cp Or Forget The Greencard And Stay Here Until The Ead Card Ends.
I'll Be Waiting Anxiously For Your Help. Thanks So Much.
An Addition To My Questions,
If We're Denied Of Aos, And Decided To Do Cp, Would This Aos Denial Have Any Impact On Our Cp Application ?
And, I Can't Remember Now Who, But There Was A Member Who Was Out Of Status For A Few Days And They Fiiled Out Different Kind Of Forms And Paid Some Different Fees, And They Were Accepted. I Don't Know But Barbara, Was It You?
If We're Denied Of Aos, And Decided To Do Cp, Would This Aos Denial Have Any Impact On Our Cp Application ?
And, I Can't Remember Now Who, But There Was A Member Who Was Out Of Status For A Few Days And They Fiiled Out Different Kind Of Forms And Paid Some Different Fees, And They Were Accepted. I Don't Know But Barbara, Was It You?
Wow, that's really scary. Ekmekchi, did you check with your local office before applying if you are eligible to apply? I can't believe it took them so long to figure it out. Definitely contact the international student office of your school. Apparently they provided the wrong information...I wish you good luck.
thanks vinipux.
till this day, uscis told us there are no problems with the case. we had 2 or 3 infopass visits, and never told of this problem. we've done everything according to the rules. our opt expired on january 30th but we've applied for aos on january 9th and uscis got it on january 10th. there are no illegal stays or anything.
we'll see what happens. on monday my husband gonna go the university and talk with the immigration officer there then we're gonna go to our infopass.
i really hope and pray everything will turn ok. if we didn't have any credit card debts, we wouldn't be worried this much. if we go to our country and do cp, and something's go wrong and we can't come back, i don't how we're gonna pay all those debts.
till this day, uscis told us there are no problems with the case. we had 2 or 3 infopass visits, and never told of this problem. we've done everything according to the rules. our opt expired on january 30th but we've applied for aos on january 9th and uscis got it on january 10th. there are no illegal stays or anything.
we'll see what happens. on monday my husband gonna go the university and talk with the immigration officer there then we're gonna go to our infopass.
i really hope and pray everything will turn ok. if we didn't have any credit card debts, we wouldn't be worried this much. if we go to our country and do cp, and something's go wrong and we can't come back, i don't how we're gonna pay all those debts.
Hi Ekmekchi,
This is very sad!!!You need some experience lawyer's help who can turn the situation.Given officer had taken job offers e-mails from your husband and you guys had no paystubs,tax returns for 2006 for OPT period it will be very difficult to overcome.I can't think of a way to show you were in status while you clearly told at the time of interview you could not get a job at all etc.
Hi check murthy.com she is a top notch attorney!!!
EAD would remain valid until AOS is pending.
CP can still be done and I guess still plenty of time left for it.Consular Processing will do all the steps they have to do as per department of State guidelines.You folks should be fine with background checks,procedure remain the same except feeding agency will be DOS instead of USCIS.
Please send an e-mail or call KCC and ask them how to procede with CP given AOS situation.
I wish you all the best and keep us posted.
Jugnu
This is very sad!!!You need some experience lawyer's help who can turn the situation.Given officer had taken job offers e-mails from your husband and you guys had no paystubs,tax returns for 2006 for OPT period it will be very difficult to overcome.I can't think of a way to show you were in status while you clearly told at the time of interview you could not get a job at all etc.
Hi check murthy.com she is a top notch attorney!!!
EAD would remain valid until AOS is pending.
CP can still be done and I guess still plenty of time left for it.Consular Processing will do all the steps they have to do as per department of State guidelines.You folks should be fine with background checks,procedure remain the same except feeding agency will be DOS instead of USCIS.
Please send an e-mail or call KCC and ask them how to procede with CP given AOS situation.
I wish you all the best and keep us posted.
Jugnu
Last edited by a moderator:
Thanks So Much For Your Good Wishes.
I've Looked For The Forms On Uscis Website. There's A I-485 Supplemet A Form. It Says You Can Fill That If You've Stayed After You're Visa Expired, Meaning Out Of Status. They Ask $1000 With This Form. We're Gonna Ask If We Can Fill That Form And Our Problem'd Be Solved.
If Nothing's Changed, We May Go With Cp.
I'll Let You Know On Monday.
I've Looked For The Forms On Uscis Website. There's A I-485 Supplemet A Form. It Says You Can Fill That If You've Stayed After You're Visa Expired, Meaning Out Of Status. They Ask $1000 With This Form. We're Gonna Ask If We Can Fill That Form And Our Problem'd Be Solved.
If Nothing's Changed, We May Go With Cp.
I'll Let You Know On Monday.
Thanks Jugnu. We're Thinking About That.
Vinipux, I Understand What You're Saying, But What I Don't Understand Is, How Can We Be Out Of Status Just Because We Couldn't Find A Job? We Showed Job Offers And Told Them That We Were Seeking Jobs But Couldn't Find Because There Are So Many Limitations With Opt. You Can't Go And Work Any Where You Like.
Vinipux, I Understand What You're Saying, But What I Don't Understand Is, How Can We Be Out Of Status Just Because We Couldn't Find A Job? We Showed Job Offers And Told Them That We Were Seeking Jobs But Couldn't Find Because There Are So Many Limitations With Opt. You Can't Go And Work Any Where You Like.
What exactly did it say?
Hi Ekmekchi,
What exactly did the letter say? Not working while on OPT does not necessarily lead to loss of status. You could post the text of the letter here (omit all personal information).
rc2007
Hi Ekmekchi,
What exactly did the letter say? Not working while on OPT does not necessarily lead to loss of status. You could post the text of the letter here (omit all personal information).
rc2007
HI RC2007.
I'M SENDING THE LETTER HERE. I'M GONNA WRITE ALL OF IT INCLUDING ALL THE RULES THEY WROTE. I'M JUST GONNA USE 'AOS' FOR 'ADJUSTMENT OF STATUS'. HERE IT'S:
On January 10, 2007, you filed an AOS (Form I-485) pursuant to Section 245 of the Immigration and Nationality Act (The Act).
Section 245.1 of Title 8, Code of Federal Regulations (8 CFR) states, in pertinent part:
Further, 8 CFR 214.2(f) states, in pertinent part:
You entered the US in the F-2 classification on June 9, 2004 as a dependent of your spouse, Y**** A***, who was admitted on the same date in the F-1 student classification. Your spouse completed his course of studies at Southern University and was awarded a Master of Science on December 9, 2005. Upon completion of his or her course of study, an F-1 student and his or her dependents are allotted 60 days in which to make arrangements to depart the US. Your spouse was then granted optional practical training to begin February 1, 2006 and conclude January 31, 2007. A student granted optional practical training is to engage in employment related to his field of study during th period authorized.
On April 20, 2006, you were informed that you had been randomly selected for further consideration in the diversity immigrant programfor fiscal year 2007. You filed an I-485 AOS on January 10, 2007 and appeared for an interview in connection with this application on March 8, 2007. However, during your interview, your spouse admitted that he has not engaged in training as authorized by USCIS. Your spouse has therefore failed to maintain his lawful nonimmigrant status. As your status is dependent upon his maintenance of status, you have therefore also failed to maintain lawful status in the US. Therefore, your status may not be adjusted to that of lawful permanent resident.
You are hereby accorded 30 days in which to submit information in support of your application and in opposition to the proposed denial. If no response is received, or if the response does not overcome the proposed grounds for denial stated above, your application will be denied. If your application is denied, you may make arrangements to apply for your immigrant visa at a US consular post abroad.
M. Stella Jarina
District Director
I'M SENDING THE LETTER HERE. I'M GONNA WRITE ALL OF IT INCLUDING ALL THE RULES THEY WROTE. I'M JUST GONNA USE 'AOS' FOR 'ADJUSTMENT OF STATUS'. HERE IT'S:
NOTICE OF INTENT TO DENY APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS
On January 10, 2007, you filed an AOS (Form I-485) pursuant to Section 245 of the Immigration and Nationality Act (The Act).
Section 245.1 of Title 8, Code of Federal Regulations (8 CFR) states, in pertinent part:
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for AOS under paragraph (b) or (c) of this section, may apply for AOS to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application...
(b) Restricted aliens. The following categories of aliens are ineligible to apply for AOS to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and Sec. 245.10, is not included in the categories of aliens prohibited from applying for AOS listed in Sec. 245.1(c), is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for AOS:...
(5) Any alien who on or after November 6, 1986 is not in lawful immigration status on the date of filing his or her application for AOS, except an applicant who is an immediate relative as defined in section 201(b) or a special immigrant as defined in section 101(a)(27) (H), (I), or (J);
(6) Any alien who files an application for AOS on or after November 6, 1986, who has failed (other than through no fault of his or her own or for technical reasons) to maintain continuously a lawful status since entry into the US, except an applicant who is an immediate relative as defined in section 201(b) of the Act or a special immigrant as defined in section 101(a)(27) (H), (I), or (J) of the Act;...
(b) Restricted aliens. The following categories of aliens are ineligible to apply for AOS to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and Sec. 245.10, is not included in the categories of aliens prohibited from applying for AOS listed in Sec. 245.1(c), is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for AOS:...
(5) Any alien who on or after November 6, 1986 is not in lawful immigration status on the date of filing his or her application for AOS, except an applicant who is an immediate relative as defined in section 201(b) or a special immigrant as defined in section 101(a)(27) (H), (I), or (J);
(6) Any alien who files an application for AOS on or after November 6, 1986, who has failed (other than through no fault of his or her own or for technical reasons) to maintain continuously a lawful status since entry into the US, except an applicant who is an immediate relative as defined in section 201(b) of the Act or a special immigrant as defined in section 101(a)(27) (H), (I), or (J) of the Act;...
Further, 8 CFR 214.2(f) states, in pertinent part:
(5) Duration of status--
(i) General. Except for border commuter students covered by the provisions of paragraph (f)(18) of this section, an F-1 student is admitted for duration of status. Duration of status is defined as the time during which an F-1 student is pursuing a full course of study at an educational institution approved by the Service for attendance by foreign students, or engaging in authorized practical training following completion of studies...
(iv) Preparation for departure. An F-1 student who has completed a course of study and any authorized practical training following completion of studies will be allowed an additional 60-day period to prepare for departure from the US...
(10) Practical training. Practical traiing may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year... A student may be authorized 12 months of practical training...
(ii) Optional practical training--
(A) General. A student may apply to the Service for authorization for temporary employment for optional practical training (OPT) directly related to the student's major area of study.
(i) General. Except for border commuter students covered by the provisions of paragraph (f)(18) of this section, an F-1 student is admitted for duration of status. Duration of status is defined as the time during which an F-1 student is pursuing a full course of study at an educational institution approved by the Service for attendance by foreign students, or engaging in authorized practical training following completion of studies...
(iv) Preparation for departure. An F-1 student who has completed a course of study and any authorized practical training following completion of studies will be allowed an additional 60-day period to prepare for departure from the US...
(10) Practical training. Practical traiing may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year... A student may be authorized 12 months of practical training...
(ii) Optional practical training--
(A) General. A student may apply to the Service for authorization for temporary employment for optional practical training (OPT) directly related to the student's major area of study.
You entered the US in the F-2 classification on June 9, 2004 as a dependent of your spouse, Y**** A***, who was admitted on the same date in the F-1 student classification. Your spouse completed his course of studies at Southern University and was awarded a Master of Science on December 9, 2005. Upon completion of his or her course of study, an F-1 student and his or her dependents are allotted 60 days in which to make arrangements to depart the US. Your spouse was then granted optional practical training to begin February 1, 2006 and conclude January 31, 2007. A student granted optional practical training is to engage in employment related to his field of study during th period authorized.
On April 20, 2006, you were informed that you had been randomly selected for further consideration in the diversity immigrant programfor fiscal year 2007. You filed an I-485 AOS on January 10, 2007 and appeared for an interview in connection with this application on March 8, 2007. However, during your interview, your spouse admitted that he has not engaged in training as authorized by USCIS. Your spouse has therefore failed to maintain his lawful nonimmigrant status. As your status is dependent upon his maintenance of status, you have therefore also failed to maintain lawful status in the US. Therefore, your status may not be adjusted to that of lawful permanent resident.
You are hereby accorded 30 days in which to submit information in support of your application and in opposition to the proposed denial. If no response is received, or if the response does not overcome the proposed grounds for denial stated above, your application will be denied. If your application is denied, you may make arrangements to apply for your immigrant visa at a US consular post abroad.
M. Stella Jarina
District Director
about notice of intent to deny..
SO FAR, ACCORDING TO OUR WEB SEARCH, WE'VE COME ACROSS WITH A UNIVERSITY WEB SITE THAT EXPLAINS THE RULES ABOUT OPT. THE UNIVERSITY IS "LOUISIANA STATE UNIVERSITY". OUR UNIVERSITY'S IMMIGRATION OFFICER WAS NOT AVAILABLE TODAY, SO WE SEARCHED SOME UNIVERSITY WEB SITES AND FOUND ONE WEBSITE WITH THE EXACT ANSWER WE WANTED.
HERE IS THE WEB ADDRESS: http://www.oip.lsu.edu/iso/OPT.htm
YOU CAN LOOK IT UP IF YOU'D LIKE.
I'M GONNA PAST SOME QUESTIONS AND ANSWERS FROM LSU'S ISO WEBSITE.
What is my immigration status during OPT?
You are still considered to be in F-1 student status while on OPT. To maintain status on OPT, you must either work at a job(s) directly related to you major/level of study or actively seek employment in your major/level of study.
How do I prove that I have been actively seeking OPT employment? How do I prove that I am working in a field which is directly related to my level/major of study?
We recommend that you keep documentation from your job search (i.e., cover letters, resumes sent, registration with job search websites or companies, etc.) to show that you actively sought employment during OPT. We recommend that you keep documentation from your employer and/or academic advisor detailing how any employment you accept while on OPT is directly related your field of study and commensurate with your educational level. Keeping records of your job search and job descriptions of positions you accept on OPT may prove useful should your OPT employer eventually wish to pursue a work visa in your behalf or if you are questioned by immigration officials.
What if I cannot find employment or do not work during the authorized OPT period listed on the EAD card?
There is a “use it or lose it” policy with OPT authorization. The authorized period on the EAD card is counted, whether or not you actually work during that period.
What happens after my OPT EAD card expires?
A second 60-day grace period follows the OPT expiration date on your EAD card. During this time, you are able to lawfully remain in the US but you are not allowed to work. Before the end of the second 60-day grace period you must do one of the following:
• Depart the US within 60 days (grace period) of the OPT expiration date on your EAD card
• Obtain a new I-20 to pursue another program at LSU (after you have been admitted to that program) prior to 60 days grace period following the expiration date on your EAD card
• Request a transfer release of your F-1 SEVIS record to another US institution prior to 60 days from the expiration date on your EAD card. You may email questions about this procedure to isosevis@lsu.edu.
ACCORDING TO THESE INFORMATIONS, WE'VE PREPARED ALL THE EMAILS THAT MY HUSBAND SENT TO THE EMPLOYERS VIA JOB WEB SITES OR NEWSPAPER ADS. WE HAVE MORE THAN 200 EMAILS INDICATING THAT MY HUSBAND WAS ACTIVELY SEEKING JOBS DURING OPT PERIOD. WE HAVE ACCOUNT INFORMATIONS FROM MONSTER.COM AND CAREERBUILDER.COM AND OTHER JOB SITES. WE HAVE RESUMES AND COVER LETTERS. WE'RE GONNA TRY TO MEET WITH OUR ISO OFFICER IN OUR SCHOOL AND TRY TO OBTAIN OFFICIAL DOCUMENT ABOUT OPT.
IT SEEMS LIKE USCIS IS TRYING TO GET RID OF US WITHOUT HAVING PROPER KNOWLEDGE ABOUT OPT REGULATIONS. WE'RE GONNA TRY OUR BEST AND TRY TO MAKE THEM UNDERSTAND THAT WE'RE NOT DOING ANYTHING ILLEGAL OR WRONG. IF WE CAN'T SOLVE THE PROBLEM BY OURSELVES, WE'RE GONNA CONSULT AN IMMIGRATION LAWYER AND SEEK HELP FROM CONGRESSMEN, CIS OMBUDSMAN, SENATORS, ETC. AGAIN.
SO FAR, ACCORDING TO OUR WEB SEARCH, WE'VE COME ACROSS WITH A UNIVERSITY WEB SITE THAT EXPLAINS THE RULES ABOUT OPT. THE UNIVERSITY IS "LOUISIANA STATE UNIVERSITY". OUR UNIVERSITY'S IMMIGRATION OFFICER WAS NOT AVAILABLE TODAY, SO WE SEARCHED SOME UNIVERSITY WEB SITES AND FOUND ONE WEBSITE WITH THE EXACT ANSWER WE WANTED.
HERE IS THE WEB ADDRESS: http://www.oip.lsu.edu/iso/OPT.htm
YOU CAN LOOK IT UP IF YOU'D LIKE.
I'M GONNA PAST SOME QUESTIONS AND ANSWERS FROM LSU'S ISO WEBSITE.
What is my immigration status during OPT?
You are still considered to be in F-1 student status while on OPT. To maintain status on OPT, you must either work at a job(s) directly related to you major/level of study or actively seek employment in your major/level of study.
How do I prove that I have been actively seeking OPT employment? How do I prove that I am working in a field which is directly related to my level/major of study?
We recommend that you keep documentation from your job search (i.e., cover letters, resumes sent, registration with job search websites or companies, etc.) to show that you actively sought employment during OPT. We recommend that you keep documentation from your employer and/or academic advisor detailing how any employment you accept while on OPT is directly related your field of study and commensurate with your educational level. Keeping records of your job search and job descriptions of positions you accept on OPT may prove useful should your OPT employer eventually wish to pursue a work visa in your behalf or if you are questioned by immigration officials.
What if I cannot find employment or do not work during the authorized OPT period listed on the EAD card?
There is a “use it or lose it” policy with OPT authorization. The authorized period on the EAD card is counted, whether or not you actually work during that period.
What happens after my OPT EAD card expires?
A second 60-day grace period follows the OPT expiration date on your EAD card. During this time, you are able to lawfully remain in the US but you are not allowed to work. Before the end of the second 60-day grace period you must do one of the following:
• Depart the US within 60 days (grace period) of the OPT expiration date on your EAD card
• Obtain a new I-20 to pursue another program at LSU (after you have been admitted to that program) prior to 60 days grace period following the expiration date on your EAD card
• Request a transfer release of your F-1 SEVIS record to another US institution prior to 60 days from the expiration date on your EAD card. You may email questions about this procedure to isosevis@lsu.edu.
ACCORDING TO THESE INFORMATIONS, WE'VE PREPARED ALL THE EMAILS THAT MY HUSBAND SENT TO THE EMPLOYERS VIA JOB WEB SITES OR NEWSPAPER ADS. WE HAVE MORE THAN 200 EMAILS INDICATING THAT MY HUSBAND WAS ACTIVELY SEEKING JOBS DURING OPT PERIOD. WE HAVE ACCOUNT INFORMATIONS FROM MONSTER.COM AND CAREERBUILDER.COM AND OTHER JOB SITES. WE HAVE RESUMES AND COVER LETTERS. WE'RE GONNA TRY TO MEET WITH OUR ISO OFFICER IN OUR SCHOOL AND TRY TO OBTAIN OFFICIAL DOCUMENT ABOUT OPT.
IT SEEMS LIKE USCIS IS TRYING TO GET RID OF US WITHOUT HAVING PROPER KNOWLEDGE ABOUT OPT REGULATIONS. WE'RE GONNA TRY OUR BEST AND TRY TO MAKE THEM UNDERSTAND THAT WE'RE NOT DOING ANYTHING ILLEGAL OR WRONG. IF WE CAN'T SOLVE THE PROBLEM BY OURSELVES, WE'RE GONNA CONSULT AN IMMIGRATION LAWYER AND SEEK HELP FROM CONGRESSMEN, CIS OMBUDSMAN, SENATORS, ETC. AGAIN.
Re: F-1 OPT status
Hi Ekmekchi,
Thanks for posting the letter here. Here is my understanding of the issues. I am not a lawyer, and I don't know enough to give advice. Your should seriously consider hiring a lawyer (more on this later). I am just trying to point out some of the issues you may be facing:
Section 214.2(f) states that A student may apply to the Service for authorization for temporary employment for optional practical training directly related to the student's major area of study. In other words, the purpose of the OPT is for the student to engage in training that is directly related to the student's major area of study. It is not simply a 1-year work permit with no restrictions.
If you (i.e. your husband) is engaging in such training by holding a job that's directly related to one's field of study and appropriate for the degree level, then you are in status. What's not clear to me is what happens if you are not engaged in such training. I believe that you are considered to be in status if you have been actively looking for a job (one that is directly related to your major area of study, and appropriate for the degree level).
If I remember correctly, you mentioned that you have shown the USCIS officer job offers, but that you husband was unable to take those job offers because they were conditional on him obtaining long-term work authorization. This indicates that he has been looking for a job.
Here are a couple of reasons why this may have been not enough. I am not saying this is what happened in your case---just giving an example.
* Have you been looking actively? If you gave up after a month or two, that could be the reason.
* Have you been looking for jobs that are directly related to your husband's area of study and appropriate for his degree level? I think you mentioned he has a master's degree.
* Your statement that you have been looking for jobs and the job offers that you have shown the officer may have been lost in the USCIS decision making process, or mis-interpreted.
This is a more difficult situation, where the law is not explicit (at least not in 214.2(f)(10)). I would strongly suggest hiring a good immigration lawyer. Ideally, this would be a lawyer who has good references from clients he has represented, and who has past experience representing clients on such issues to the USCIS. You can also asses how proficient they are in this area during the initial free consultation.
Here are a couple more issues to consider:
* I don't know if 485 Supplement A would help you. It only applies to certain categories of applicants, such as people who had immigrant petitions filed before 4/30/2001. You should check that you are eligible before you place your hope in this form.
* I see that your OPT started 2/1/06 and you filed for AOS on 1/10/07. If USCIS rules that you have been out of status for more than 180 days during this period, and you leave the US, you would likely be subject to a 3-year bar on reentry. This probably also means that you will be unable to get your permanent residency at a consulate abroad for 3 years (so no DV-2007).
* You say that EAD you got while your I-485 was pending is valid until 3/2008. Usually such status and EAD are valid only until 3/2008 or when your I-485 is decided, whichever comes first. In this case, if your I-485 is denied (hopefully this won't happen
), and you stay for a few more months you could easily reach an overstay of 1 year, which would likely subject you to a 10-year bar on reentry. Be very careful!
Don't be overwhelmed! The USCIS hasn't denied your application---they just gave you 30 days to bring additional information. I would say there's a good chance that they just lost or mis-interpreted some of the information relating to your job offers. There's also a good chance that you could persuade them you have stayed in status by actively looking for jobs directly related to your husband's major area of study and appropriate for his degree level.
However, as I mentioned above, I think it's essential at this point to hire a lawyer. A good lawyer would be able to tell you during the initial consultation what your chances are, so you wouldn't have to spend money needlessly. You also need a lawyer to make sure you don't make mistakes that could ruin your chances (as I described above).
I hope this helps. Good luck!
rc2007
Hi Ekmekchi,
Thanks for posting the letter here. Here is my understanding of the issues. I am not a lawyer, and I don't know enough to give advice. Your should seriously consider hiring a lawyer (more on this later). I am just trying to point out some of the issues you may be facing:
Section 214.2(f) states that A student may apply to the Service for authorization for temporary employment for optional practical training directly related to the student's major area of study. In other words, the purpose of the OPT is for the student to engage in training that is directly related to the student's major area of study. It is not simply a 1-year work permit with no restrictions.
If you (i.e. your husband) is engaging in such training by holding a job that's directly related to one's field of study and appropriate for the degree level, then you are in status. What's not clear to me is what happens if you are not engaged in such training. I believe that you are considered to be in status if you have been actively looking for a job (one that is directly related to your major area of study, and appropriate for the degree level).
If I remember correctly, you mentioned that you have shown the USCIS officer job offers, but that you husband was unable to take those job offers because they were conditional on him obtaining long-term work authorization. This indicates that he has been looking for a job.
Here are a couple of reasons why this may have been not enough. I am not saying this is what happened in your case---just giving an example.
* Have you been looking actively? If you gave up after a month or two, that could be the reason.
* Have you been looking for jobs that are directly related to your husband's area of study and appropriate for his degree level? I think you mentioned he has a master's degree.
* Your statement that you have been looking for jobs and the job offers that you have shown the officer may have been lost in the USCIS decision making process, or mis-interpreted.
This is a more difficult situation, where the law is not explicit (at least not in 214.2(f)(10)). I would strongly suggest hiring a good immigration lawyer. Ideally, this would be a lawyer who has good references from clients he has represented, and who has past experience representing clients on such issues to the USCIS. You can also asses how proficient they are in this area during the initial free consultation.
Here are a couple more issues to consider:
* I don't know if 485 Supplement A would help you. It only applies to certain categories of applicants, such as people who had immigrant petitions filed before 4/30/2001. You should check that you are eligible before you place your hope in this form.
* I see that your OPT started 2/1/06 and you filed for AOS on 1/10/07. If USCIS rules that you have been out of status for more than 180 days during this period, and you leave the US, you would likely be subject to a 3-year bar on reentry. This probably also means that you will be unable to get your permanent residency at a consulate abroad for 3 years (so no DV-2007).
* You say that EAD you got while your I-485 was pending is valid until 3/2008. Usually such status and EAD are valid only until 3/2008 or when your I-485 is decided, whichever comes first. In this case, if your I-485 is denied (hopefully this won't happen
), and you stay for a few more months you could easily reach an overstay of 1 year, which would likely subject you to a 10-year bar on reentry. Be very careful!Don't be overwhelmed!
The USCIS hasn't denied your application---they just gave you 30 days to bring additional information. I would say there's a good chance that they just lost or mis-interpreted some of the information relating to your job offers. There's also a good chance that you could persuade them you have stayed in status by actively looking for jobs directly related to your husband's major area of study and appropriate for his degree level.However, as I mentioned above, I think it's essential at this point to hire a lawyer. A good lawyer would be able to tell you during the initial consultation what your chances are, so you wouldn't have to spend money needlessly. You also need a lawyer to make sure you don't make mistakes that could ruin your chances (as I described above).
I hope this helps. Good luck!
rc2007
Last edited by a moderator:
hi all, thanks so much for your advice. we have nearly 200 emails that shows we have been seeking employment during opt period. our emails are dated before opt and after opt. so we've been seeking employment long before and after opt.
we're gonna go for an infopass tomorrow and try to talk with them. if we can't persue our case, we're gonna consult a lawyer. i don't know if we need a lawyer before we talk to them. i hope we can solve this problem. we'll see.
i'll let you all know about any news. thanks so much again.
we're gonna go for an infopass tomorrow and try to talk with them. if we can't persue our case, we're gonna consult a lawyer. i don't know if we need a lawyer before we talk to them. i hope we can solve this problem. we'll see.
i'll let you all know about any news. thanks so much again.
hi everybody.
i need a favor to ask from you.
does anybody know what happens if you decide not to continue your AOS application and go for CP instead?
we're thinking about doing CP before it's too late but we just can't be sure if our AOS will effect our CP or not.
we're gonna try to change our AOS to CP before the USCIS denies us. do you think the US embassy in our country would accept our CP application or they're gonna deny it because of our AOS?
i'm trying to find out about this but can't find the right information. the KCC don't know anything.
i need a favor to ask from you.
does anybody know what happens if you decide not to continue your AOS application and go for CP instead?
we're thinking about doing CP before it's too late but we just can't be sure if our AOS will effect our CP or not.
we're gonna try to change our AOS to CP before the USCIS denies us. do you think the US embassy in our country would accept our CP application or they're gonna deny it because of our AOS?
i'm trying to find out about this but can't find the right information. the KCC don't know anything.