F1 60-day grace period expiring while AOS pending

[CC2009]

I'm currently in grad school (F1 visa) and am expecting to finish my PhD by November or December 2008, after which I am hoping to get a job (OPT). From the day I complete my PhD, I will have 60 days to start working (60-day grace period) or else I must leave the country. Now the tricky part of the story is that I will most likely be applying for AOS during that 60-day grace period (my guess is my CN should become current in December or January) and my case will probably still be pending at the end of the 60-day grace period. In the unfortunate event where I still don't have a job by the end of the 60 days, will I have to leave the country or will I be able to stay here legally? What will be my new status then ("AOS pending"?)?

Anyone who has been in a similar situation (expiring F1 status or other while AOS pending), please share your experience!

 

[dematra]

From the day I complete my PhD, I will have 60 days to start working (60-day grace period) or else I must leave the country.

True (sort-of anyway) - You don't have to start working within 60 days, you just need to maintain your F-1 status until USCIS accepts your case. To do this you need to apply for your work authorization before your last day of school, whether you have a job or not. OR take a gamble that USCIS will accept your case before the 60 days are up.


Remember that F-1 students are no longer eligible to apply for OPT once they have completed their program of study - i.e. last day of qualifying semester.


Just my $0.02!!

 

[Gerindo]

I'm currently in grad school (F1 visa) and am expecting to finish my PhD by November or December 2008, after which I am hoping to get a job (OPT). From the day I complete my PhD, I will have 60 days to start working (60-day grace period) or else I must leave the country. Now the tricky part of the story is that I will most likely be applying for AOS during that 60-day grace period (my guess is my CN should become current in December or January) and my case will probably still be pending at the end of the 60-day grace period. In the unfortunate event where I still don't have a job by the end of the 60 days, will I have to leave the country or will I be able to stay here legally? What will be my new status then ("AOS pending"?)?

Anyone who has been in a similar situation (expiring F1 status or other while AOS pending), please share your experience!

You can apply for OPT 3-4 months before your graduation date (recommended). So by the time you graduate, your permit to stay in the U.S is continued with OPT. Once you got your OPT, you can stay and work in the U.S for maxium 12 months but you can't be unemployed while your on OPT for more than 90 days from your OPT starting date. So, techincally you have 90 days before you have to tell the USCIS that you have a job under your OPT.

Like you said, there is a 60 days grace period after graduation to apply for OPT. This method is not recomended but you still can legally stay in the U.S while your OPT is pending.

I recommend do CP if its possible. Don't try to stay in the U.S when you're out of status. When you're doing AOS, you have to be in some kind of immigration status like F1 or OPT. There is no "Pending AOS" status.

 

[CC2009]

Thank you both for your input! I'm planning on applying for OPT fairly soon to make sure it gets approved by the time I graduate but then I thought I only had 60 days (from completion of study) to start working. I'm glad to hear it's actually 90! Hopefully by then I'll have a decent job. If I don't, I definitely won't take a chance and get out of status; CP was not my first choice but if that's the only option, I'll do it!

you just need to maintain your F-1 status until USCIS accepts your case.

Dematra, could you clarify what you mean by "until USCIS accepts your case"? Do you mean until my case gets approved (if it does!) or until receipt of NOA?

Thanks again!

 

[dematra]

yes - receipt of NOA -

 

[FOTT]

I'm currently in grad school (F1 visa) and am expecting to finish my PhD by November or December 2008, after which I am hoping to get a job (OPT). From the day I complete my PhD, I will have 60 days to start working (60-day grace period) or else I must leave the country. Now the tricky part of the story is that I will most likely be applying for AOS during that 60-day grace period (my guess is my CN should become current in December or January) and my case will probably still be pending at the end of the 60-day grace period. In the unfortunate event where I still don't have a job by the end of the 60 days, will I have to leave the country or will I be able to stay here legally? What will be my new status then ("AOS pending"?)?

Anyone who has been in a similar situation (expiring F1 status or other while AOS pending), please share your experience!

Hi

I am actually in the same boat as you and was just going to ask for advice on this forum. I am getting my degree in December 08, so my 60 day grace period ends sometime in February 2009 while my case number becomes current in November. I have the option of applying for EAD with AOS or through OPT. The question is which one is the better choice for considering that the EAD via AOS might take more than a couple of months for processing and the small window of time during with I can apply via OPT. Right now i am thinking of forgoing my OPT and hope my EAD gets approved before the end of the year if i file my AOS in November.
How long does it typically take to get NOA after filing......2 months?
How early does one's EAD gets approved after receiving the NOA?

Anybody got ideas?
Thank you.

 

[Gerindo]

Hi

I am actually in the same boat as you and was just going to ask for advice on this forum. I am getting my degree in December 08, so my 60 day grace period ends sometime in February 2009 while my case number becomes current in November. I have the option of applying for EAD with AOS or through OPT. The question is which one is the better choice for considering that the EAD via AOS might take more than a couple of months for processing and the small window of time during with I can apply via OPT. Right now i am thinking of forgoing my OPT and hope my EAD gets approved before the end of the year if i file my AOS in November.
How long does it typically take to get NOA after filing......2 months?
How early does one's EAD gets approved after receiving the NOA?

Anybody got ideas?
Thank you.

I would say that you better take the EAD through OPT while waiting for the AOS to get processed. OPT will not affect your AOS process.

If you start your OPT in January 09, you'll have time until March 09 to get the AOS finsih processing. 90 days is the limit for OPT without employment. The other option is to take the 60 days grace period to apply OPT, which will give you extra 2-3 months in the U.S while waiting to get your AOS processed (this is not recommended by most Universities because you suppose to apply OPT before graduation and not after graduation).

If your case became current in November 08, that means you have about 5 months (Nov 08 - March 09) to get your AOS finish processing. I would think this is plenty of time to get AOS processed. You should have you Green Card before March 2009.

As far as how long to get the NOA and how long before you get EAD, it varies from person to person. It depends on the background check from the FBI and how fast the USCIS processed your case. Go to the AOS thread and you can read other people experience. A good estimation would be 3-5 months after your number become current to get everything done.

 

[m1rahim]

but you can't be unemployed while your on OPT for more than 90 days from your OPT starting date. So, techincally you have 90 days before you have to tell the USCIS that you have a job under your OPT.

Where did you get it? I know somebody was on OPT (graduated in April, got OPT started on June) and had no jobs till CN became current in December, interviewed in March and his case was approved.

So far I know and understand:
if you are graduating in December 14, then you can submit your OPT application and approved by February 14 with a starting date on Febraury 14-BUT you should submit your OPT application earlier than your graduation date.

CC2009: you can do several things-
say-if you are graduating on December 14th- then sumbit your application by December 1st for safer side or may be earlier, you can choose OPT start date on any day within 2 months of the day of your graduation sor for this example you can choose February 14 or again for safer side choose Februaru1st.
So you are getting almost two months to start your OPT (you won't be out of status) + according to Gerindo you are getting another 60 days (but I don't think he is correct, you should able to stay without any problem for 12 months)= 4 months from graduation!So I don't see any problem to AOS if you case number become current in November or even in December. Cheers

 

[m1rahim]

Hi

I am actually in the same boat as you and was just going to ask for advice on this forum. I am getting my degree in December 08, so my 60 day grace period ends sometime in February 2009 while my case number becomes current in November. I have the option of applying for EAD with AOS or through OPT. The question is which one is the better choice for considering that the EAD via AOS might take more than a couple of months for processing and the small window of time during with I can apply via OPT. Right now i am thinking of forgoing my OPT and hope my EAD gets approved before the end of the year if i file my AOS in November.
How long does it typically take to get NOA after filing......2 months?
How early does one's EAD gets approved after receiving the NOA?

Anybody got ideas?
Thank you.

FOTT: If I were you I would do the following steps
prepare all the documents, complete medicals, etc, fill up applications etc by the end of October including EAD (NOT through OPT)-
By mid September you will know either your case will become current in November or not. If its become current in November then mail it by October 31st so they can receive it by Novermber 1st week (for AOS inorder to submit AOS you case must become current on that date so make sure they don't recive it before November 1st)
If you don't forget to sumbit FEES and required documents then you will receive NOA by 2 weeks. Then you are fine. you don't need to submit individual EAD through OPT. Hopefully you will receive EAD within 2 months and able to work for anybody except Federal jobs. For AOS it may take 2 months but some time it take 10 months, but as long as you have submitted application and you have received NOA you will be fine!

 

[m1rahim]

I would say that you better take the EAD through OPT while waiting for the AOS to get processed. OPT will not affect your AOS process.

You should have you Green Card before March 2009.

As far as how long to get the NOA and how long before you get EAD, it varies from person to person. It depends on the background check from the FBI and how fast the USCIS processed your case. Go to the AOS thread and you can read other people experience. A good estimation would be 3-5 months after your number become current to get everything done.

it may go up to the end of Fiscal year (September 30) for AOS

There is NO background check required for EAD or to get NOA! Once USICS will call you for fingerprint and biography- then they initialize NAME check- usually fingerprint results come back to them within 24 hrs, but Name check may take 2 weeks to a year. But one you are in legal status and receive your NOA then you will fine during the AOS

 

[Gerindo]

Where did you get it? I know somebody was on OPT (graduated in April, got OPT started on June) and had no jobs till CN became current in December, interviewed in March and his case was approved.

The 90 days unemployment rule is part of the new OPT regulations that was put in place in April 23, 2008 by the USCIS. It is part of the regulation 214.2(f)(10(ii)(E)

Here is the link: http://www.ice.gov/sevis/updates_postcompletion_opt.htm

Quote from the new regulation:

4.9. Unemployment time
The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.

The person that you know must have applied the OPT before the new regulation was put in place.

If you want to risk your status by being unemployed more that 90 days, it is really up to you. I'm just sharing information that I got from International Student Advisors and the USCIS regulations.

 

[m1rahim]

The 90 days unemployment rule is part of the new OPT regulations that was put in place in April 23, 2008 by the USCIS. It is part of the regulation 214.2(f)(10(ii)(E)

Here is the link: http://www.ice.gov/sevis/updates_postcompletion_opt.htm

Quote from the new regulation:

4.9. Unemployment time
The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.

The person that you know must have applied the OPT before the new regulation was put in place.

If you want to risk your status by being unemployed more that 90 days, it is really up to you. I'm just sharing information that I got from International Student Advisors and the USCIS regulations.

THANKS Gerindo for updating me, yeah that guy got OPT 2 years ago and I help him to complete all the process including OPT. I just check this forum as I got some from here before for my DV, anyway thanks again

 

[m1rahim]

FOTT and CC2009
discard my earlier info regarding OPT validity time, I did not realized they have changed the rule. As Gerindo says you have only 90 days to get a job with OPT. But my other info regarding getting NOA and AOS process timeline is correct becuase I did AOS.

 

[MdX2009]

I'm pretty much in same situation with you all.

I graduated at the beginning of August and applied for OPT in June. When you apply for OPT, actually you are able to decide the exact beginning date of your OPT period. I decided to use 1 month of 2 months grace period and started my OPT in September. (before I did that I talked to the Int'l Student Service of my school and did make sure that using 60 days grace period is absolutely legal).

My number will also become current in November and I'm going for AOS but this waiting is pain in the ...

 

[FOTT]

FOTT: If I were you I would do the following steps
prepare all the documents, complete medicals, etc, fill up applications etc by the end of October including EAD (NOT through OPT)-
By mid September you will know either your case will become current in November or not. If its become current in November then mail it by October 31st so they can receive it by Novermber 1st week (for AOS inorder to submit AOS you case must become current on that date so make sure they don't recive it before November 1st)
If you don't forget to sumbit FEES and required documents then you will receive NOA by 2 weeks. Then you are fine. you don't need to submit individual EAD through OPT. Hopefully you will receive EAD within 2 months and able to work for anybody except Federal jobs. For AOS it may take 2 months but some time it take 10 months, but as long as you have submitted application and you have received NOA you will be fine!

Thank you.......
This is actually my plan for now. I estimate i should have the EAD via AOS before the end of December......which is a good time for me......I hope all goes well.
Cheers

 

[FOTT]

I would say that you better take the EAD through OPT while waiting for the AOS to get processed. OPT will not affect your AOS process.

If you start your OPT in January 09, you'll have time until March 09 to get the AOS finsih processing. 90 days is the limit for OPT without employment. The other option is to take the 60 days grace period to apply OPT, which will give you extra 2-3 months in the U.S while waiting to get your AOS processed (this is not recommended by most Universities because you suppose to apply OPT before graduation and not after graduation).

If your case became current in November 08, that means you have about 5 months (Nov 08 - March 09) to get your AOS finish processing. I would think this is plenty of time to get AOS processed. You should have you Green Card before March 2009.

As far as how long to get the NOA and how long before you get EAD, it varies from person to person. It depends on the background check from the FBI and how fast the USCIS processed your case. Go to the AOS thread and you can read other people experience. A good estimation would be 3-5 months after your number become current to get everything done.

Hi Gerindo,
Thanks. I appreciate your advice.......a lot going thru my head right now...............You will be updated on my final course of action ......

Cheers

 

[FOTT]

I'm pretty much in same situation with you all.

I graduated at the beginning of August and applied for OPT in June. When you apply for OPT, actually you are able to decide the exact beginning date of your OPT period. I decided to use 1 month of 2 months grace period and started my OPT in September. (before I did that I talked to the Int'l Student Service of my school and did make sure that using 60 days grace period is absolutely legal).

My number will also become current in November and I'm going for AOS but this waiting is pain in the ...

Hi MdX,
How is the job situation? I hope you get within 90days of ur OPT start date
Good luck!