F-1->OPT->H->I-140/I-485--How to prove the legal status?

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anonym

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Does anyone have the same situation and can tell me what documentation to prove legal status during I-485 stage from F-1 visa entry->study two years->one year OPT->change to H->filing I-140/I-485, especially during one year OPT? Thanks.
 
I've been here on f, h, & j visas in the last 15 years or so. For f visa, I/my lawyer provided a copy of my i-20, for h, i-797, and for j, iap66.
For my OPT (used in my 6th year at grad school), a copy of my EAD card was included, also.
 
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I have already provided I-20 and H-1B approval notice but did not attach the OPT EAD in my I-140/I-485 application package. Has anyone got a RFE during I-485 stage because of missing the OPT EAD? How should I do?
 
That doesn;t sound like a big deal. Personally, I don't even think that my lawyer had to include the copy of my OPT/EAD-related documentation (esp because my I-20 covered the period up to my 6th year at grad school when I did my OPT <- this, I think, is quite typical) After all, EAD is a work permit, and doesn't necessarily prove our legal status per se.

I suppose my lawyer was just trying to be cautious by including the OPT/EAD stuff. Don't worry about it..
 
But the problem is there is a "gap" (actually OPT) between my graduation and the H-1B starting date. The CIS will know my graduation date from the diploma but may not know what I was doing after the graduation until the change of status to the H-1B because no documentation can prove my legal status during the period of the OPT. Any comments?
 
your OPT is ur employment authorization/status during that period.

you can provide copy of OPT.

also, you can get letter from your International office saying you were
in status from F1-OPT end days, usually they provide if you ask.
 
degree date has nothing to do with one's legal status, period. degree date does not say much about when you stopped being a student, not in my case at least (by the time I officially got my degree I had been away from school and working for an employer for 3 or 4 months already).
So my point remains the same. as far as your i-20 covers your opt period, you should be fine.

Besides, I doubt the cis is going to look at your diploma for processing your i-485. My i-485 application packet did not include my diploma whereas my i-140 packet did. They want to look at our diplomas to check our education level and make sure we chose the right categories (e.g. eb1, 2, 3, etc)

Don't worry!!!
 
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