HI JUGNU,
FIRST OF ALL, I DON'T KNOW ABOUT OTHER WORK VISAS BUT IN OUR CASE, WHILE YOU'RE ON OPT, YOUR VISA IS F1. IT'S NOT AN ACTUAL WORK VISA, IT'S JUST A STUDENT VISA. WE ASKED ABOUT WHAT YOU'VE SAID TO OUR IMMIGRATION OFFICER AT SCHOOL WHEN WE APPLIED TO OPT, AND SHE SAID THAT IT'S JUST A PERMIT, IT DOESN'T MEAN THAT YOU HAVE TO FIND A JOB OR YOUR VISA WILL EXPIRE.
FOR YOUR 2ND QUESTION, OUR VISA HAS EXPIRED ON FEBRUARY 1ST BUT WE HAVE 60 MORE DAYS TO BE OUT OF STATUS AND THEREFORE, ILLEGAL. SO WE'RE NOT OUT OF STATUS YET.
AND ACCORDING TO MY READINGS ON THE FORUM, ONCE YOU'VE SUBMITTED YOUR AOS CASE TO THE USCIS, YOU'RE IN A "PENDING" SITUATION SO IT DOESN'T MATTER IF YOUR VISA HAS EXPIRED OR NOT. I HOPE AND THINK THAT'S TRUE. I THINK THEY WOULDN'T PROCESS OUR CASE IF IT WASN'T UP TO DATE. THE USCIS OFFICER DIDN'T SAY ANYTHING ABOUT BEING OUT OF STATUS.
THANKS FOR YOUR CONCERNS AND I HOPE THERE IS NO PROBLEM WITH OUR CASE.
FIRST OF ALL, I DON'T KNOW ABOUT OTHER WORK VISAS BUT IN OUR CASE, WHILE YOU'RE ON OPT, YOUR VISA IS F1. IT'S NOT AN ACTUAL WORK VISA, IT'S JUST A STUDENT VISA. WE ASKED ABOUT WHAT YOU'VE SAID TO OUR IMMIGRATION OFFICER AT SCHOOL WHEN WE APPLIED TO OPT, AND SHE SAID THAT IT'S JUST A PERMIT, IT DOESN'T MEAN THAT YOU HAVE TO FIND A JOB OR YOUR VISA WILL EXPIRE.
FOR YOUR 2ND QUESTION, OUR VISA HAS EXPIRED ON FEBRUARY 1ST BUT WE HAVE 60 MORE DAYS TO BE OUT OF STATUS AND THEREFORE, ILLEGAL. SO WE'RE NOT OUT OF STATUS YET.
AND ACCORDING TO MY READINGS ON THE FORUM, ONCE YOU'VE SUBMITTED YOUR AOS CASE TO THE USCIS, YOU'RE IN A "PENDING" SITUATION SO IT DOESN'T MATTER IF YOUR VISA HAS EXPIRED OR NOT. I HOPE AND THINK THAT'S TRUE. I THINK THEY WOULDN'T PROCESS OUR CASE IF IT WASN'T UP TO DATE. THE USCIS OFFICER DIDN'T SAY ANYTHING ABOUT BEING OUT OF STATUS.
THANKS FOR YOUR CONCERNS AND I HOPE THERE IS NO PROBLEM WITH OUR CASE.
Hi EKMEKCHI,
There can be two issues abt your case that officer need to consult a supervisor.
-Your first post reads that your husband did not find work on OPT.I might be wrong but on any kind of work visa like OPT,H1B or J1 if someone is out of work that means technically out of status.I dont wanna pannic you please do more research and consult some attorney for opnion.
-Your status got expired before the interview,this is the gray area of the law that USCIS does not really enforce but one has to be in some type of non immigrant status at the time of interview as well, responsibility of status rests on applicant.
This is my opnion and I welcome others to shed some light and wish you all the best with the process.
Jugnu