F-1 expired before 485 application

N

nicole chen

Registered Users (C)
Hi, Gurus,

I really need your help in my situation.

My F-1\'s expiration date is till Dec/2001, but my OPT EAD expired in Feb,2001, does that mean F-1 will be invalid once EAD got expired?

At that time, I thought that my F-1 would be invalid, and my status would be switched back to my previous H-4 which would expire till next year.
AND then in April, My husband filed I-485, EAD,AP both of us (he is the primary applicant).

Now I think between Fen and April, I was actually out of status, \'cause the visa won\'t be actomatically transferred back to H-4 even it still hasn\'t expired yet once I had a F-1. If that so, could somebody tell me
if there will be any impact on my EAD,GC.We\'ve got Aps. and I want to go abroad, can I come back without problem?

Thanks so much!!
 
No Title

F-1 is valid for "duration of status". That is, if you are a registered full time student or on optional practical training.

You were out of status for those 2 months. Since it\'s less than the 180 days geace period, you should be okay if you did not work at that time--you are required to leave within 180 days or you must change your status.
 
No Title

Thank you so much for your quick reply.
Since we have filed I-485 in April, does this make me legal here?
Do I have to change my status?
Thanks a lot.

Nicole
 
No Title

Maybe you should file on 245(i) (add 485A form ?)and pay the $1000 fine. I am not sure .
 
No Title

Since it is less than 180 days of out of status, you don\'t have to pay anything, becuase there is another clause 245(k) which let you adjust status in US if you are not out of status for more than 180 days.

245(i) protects you from the out of status for more than 180 days with a fine of $1000

In my opinion, you need to go back to H4 status or try to get into the university once again.

I am not a lawyer, talk to ur attorney about this clause.
 
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