F1/OPT and 485- Ignorance is not bliss

waitinginnyc

Registered Users (C)
#21
Hi,

I was on F-1 and OPT, and went through AOS interview Tuesday, so I want to share some important information with you.

I have maintained legal status since I entered the country, however, the officer didn't let go the question of my end date on I-20 and start date of OPT card. There was a 11-day lag. F-1 holders have 60-day grace period after completion of acedemic study, however, this is not something every immigration officer is knowledgeable about. My interviewer just couldn't understand why there was a lag between the above mentioned dates, and requested for additional proof. Otherwise my case would have been approved and now I could have a peace of mind enoying Thanksgiving holidays.


In immigration laws, it is the officer who has a final say, and if it so happens that he/she doesn't understand about some grey area of the law, he/she has the final interpretation. Of couse, we always have other means to refute, but the burden is on us, and the journey would be prolonged (I suppose it IS a touch long journey for most of us).


As for 180 days, that's true if you enter the country legally, and the aggregated period of "out of status" is less than or equal to 180 days, AND if your AOS is based on "employment based petition". So, don't take any risk if it can be avoided. Once it happens, it is hard to go back and correct it. A river with no return.

Be careful and good luck!!!



blue25 said:
What if you file for AOS based on DV and don't register for classes? Can an officer deny your GC during GC interview based on your F-1 out of status? My understanding is that if you are out of F-1 status longer then 180 days, then you don't stand a chance at an interview. Is that right? What about less then 180 days?
 
#22
great guru said:
Once studies are over F1 is over. OPT is just previlage and not a rights to stay in US.
With OPT, any one goes out, there is no guarentee to re-enter, POE definitely deny the entry. Because it is an optional practical (not a mandatory) training. This training you may get it in your home country.
Hi there!

Even if your F1-Visa is expired and have a valid I-20 with permit to travel, the POE will deny you anyway?

I read in these links that there is still possibility of travel, can you comment on them? Thanks!

http://www.tc.columbia.edu/internat...a/F1travel.html

http://www.columbia.edu/cu/isso/vis...F-1_reentry.pdf
 

abra1976

Registered Users (C)
#23
can't get opt

I completed my bachelor in december 2005. I was out of new york during november & december 2005. When I contacted international student advisor in january end of 2006 regarding filing my opt, she said that I can't file the opt anymore. She email & mail a letter to immigration respectively on Feb 7 & Feb 10 terminating my status. She is telling that I did not register to graduate or file for opt before completing the study so I lost my opt period. I was under impression that I have 90 days after completion of study to file the opt.

I don't understand how can I maintain the legal status, how can I reinstate the status. Is there anyway I can get the opt (ead card) if not for 12 months then at least even foe 6 months.

I would greatly appreciate your help/advise in my case/
Please advise.

Thanks
 

sumesh11

Registered Users (C)
#24
MBA and then OPT

I completed my MBA and applied for my OPT. I got a job also. My company was late by 3 days before the quota got over.
My opt gets over on 17th July and my company have already applied for my H1B for 1st October 06,The period between 17th July and 1 Oct I will have to maintain some status or leave to my home country. As there is a 60 days grace period after OPT. thats 17th Sep andy my H1B will start on 1st Oct so I still have 17days gap.

My lawyer suggested that is take some small course in a community college and get a new I-20 from 17th July itself.

Had to do a lot of paper work. but its all good till it works out well.

There is one more thing my International adviser told me.
If have done my MBA and they if i doa advance certifi. course like 2 more semisters i can apply for my OPT again. so F1 then 1 year OPT the 1 year F1 and then 1 year OPT again.
Ony guy in my college did that and he got the OPT again.

Sumesh
 
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USCARN

Registered Users (C)
#25
sumesh11, can you clarify on 2nd OPT?

Is that true only the person goes to the higher degree can he get a 2nd OPT? e.x., graduate from Bachelor's, get OPT, then go to Master's, get another OPT.

But if go to Master's first, get OPT, then go to 2nd Master, or go to a Bachelor's, cannot get OPT any more.

Is this true?

sumesh11 said:
I completed my MBA and applied for my OPT. I got a job also. My company was late by 3 days before the quota got over.
My opt gets over on 17th July and my company have already applied for my H1B for 1st October 06,The period between 17th July and 1 Oct I will have to maintain some status or leave to my home country. As there is a 60 days grace period after OPT. thats 17th Sep andy my H1B will start on 1st Oct so I still have 17days gap.

My lawyer suggested that is take some small course in a community college and get a new I-20 from 17th July itself.

Had to do a lot of paper work. but its all good till it works out well.

There is one more thing my International adviser told me.
If have done my MBA and they if i doa advance certifi. course like 2 more semisters i can apply for my OPT again. so F1 then 1 year OPT the 1 year F1 and then 1 year OPT again.
Ony guy in my college did that and he got the OPT again.

Sumesh
 
#26
rejected OPT

My OPT application has been rejected. The reason quoted in the latter is "Optional Practical Training must be requiested prior to the completion of all course requirments for the degree of prior to the completion of the course of study..." I have finished my degree requirments for Bacholars, so I have graduated from the school. I do have Sevis I-20, which is given from international student advisor upon filling OPT. It expires in May 2007. My F-1 Visa has expired. My question is....does my Sevis I-20 maintain my status in USA?
 

DJ1

Registered Users (C)
#27
kkthebest27 said:
My OPT application has been rejected. The reason quoted in the latter is "Optional Practical Training must be requiested prior to the completion of all course requirments for the degree of prior to the completion of the course of study..." I have finished my degree requirments for Bacholars, so I have graduated from the school. I do have Sevis I-20, which is given from international student advisor upon filling OPT. It expires in May 2007. My F-1 Visa has expired. My question is....does my Sevis I-20 maintain my status in USA?

yes, Sevis I-20 records your vaild or Invalid status in US.
 

run4GC

Registered Users (C)
#28
What happen if I140 is denied for F1 apply GC

kavalai said:
Hi,
I have 2 questions related to the above post.
(1) What if in the days prior to concurrent filing being available, a I-140 and I-485 were filed together (just taking a chance in the hope that both may be accepted when filed together) while on F1, but since c.f. was not available the I-140 was processed but I-485 sent back (with fee check). Will this affect the F1 in any way?
(2) What if the I-485 is denied for some reason. Shouldnt the person revert to F1 in that case (assuming he/she has maintained all other aspects of F1 status requirements).
Hi, I am PhD student w/ F1 and plan to apply GC. I found this thread and come out this question:
Will my F1 be out of status if my I140 is denied?
It seems to me I should be fine since filing I140 doesn't change my F1 stutus. Can any please confirm it for me? Thanks a lot. :confused: :confused:
 
#29
I'm still hazy on one of the central points of this thread.

My wife is (was?) F-1 with OPT, and we recently filed an AOS + EAD + AP. While we are waiting for the AP to be approved, will my wife be allowed to leave the country and re-enter, using the regular permissions afforded OPT students (i.e., you are generally permitted re-entry if you can show you are working)?

Or, since she applied for AOS, will she NOT be allowed to re-enter until the I-131 is approved?

I apologize if this was already answered; I'm confused. Thanks. :)
 

GotPR?

Registered Users (C)
#30
davlor said:
I'm still hazy on one of the central points of this thread.

My wife is (was?) F-1 with OPT, and we recently filed an AOS + EAD + AP. While we are waiting for the AP to be approved, will my wife be allowed to leave the country and re-enter, using the regular permissions afforded OPT students (i.e., you are generally permitted re-entry if you can show you are working)?

Or, since she applied for AOS, will she NOT be allowed to re-enter until the I-131 is approved?

I apologize if this was already answered; I'm confused. Thanks. :)
She can not enter the US as F1. Only way she could come back is only with AP.
Read the following FAQ from ICE.
http://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222024
 

Krish Srini

Registered Users (C)
#31
tipsyclub said:
My wife is on F1 and wants to apply for AOS with me along with my 140 and 485.Are there any problems/queries from INS in this case.If so please let us know ,we'd like to rethink our decision.

And Can my wife apply for her OPT and I-485(AOS) with me at the same time?If so what're the consequences.

Please let's know the answer ASAP.

Thanks for your patience.
Kiran
Kiran - I'm in a similar situation.

My status:
---------------
Visa: L1A
140 Approved EB1, Texas
Ready to file 485 - Admustment of Status

Spouse's status:
-----------------------
Currently working on OPT. OPT obtained through F1 student visa.
H1B pending approval through current employer. Filed May 1st week 2006.

Question:
---------------
Is it OK to apply 485 at this stage? Will it cause any problems since spouse is in OPT? or is it better to apply 485 after spouse's H1B approval?

Thanks for your help.

Krishna
 

Krish Srini

Registered Users (C)
#32
davlor said:
I'm still hazy on one of the central points of this thread.

My wife is (was?) F-1 with OPT, and we recently filed an AOS + EAD + AP. While we are waiting for the AP to be approved, will my wife be allowed to leave the country and re-enter, using the regular permissions afforded OPT students (i.e., you are generally permitted re-entry if you can show you are working)?

Or, since she applied for AOS, will she NOT be allowed to re-enter until the I-131 is approved?

I apologize if this was already answered; I'm confused. Thanks. :)

Dear Davlor - I have a similar situation.

My status:
---------------
Visa: L1A
140 Approved EB1, Texas
Ready to file 485 - Admustment of Status

Spouse's status:
-----------------------
Currently working on OPT. OPT obtained through F1 student visa.
H1B pending approval through current employer. Filed May 1st week 2006.

Question:
---------------
Is it OK to apply 485 at this stage? Will it cause any problems since spouse is in OPT? or is it better to apply 485 after spouse's H1B approval?

Thanks for your help.

Krishna
 

Krish Srini

Registered Users (C)
#33
My status:
---------------
Visa: L1A
140 Approved EB1, Texas
Ready to file 485 - Admustment of Status

Spouse's status:
-----------------------
Currently working on OPT. OPT obtained through F1 student visa.
H1B pending approval through current employer. Filed May 1st week 2006.

Question:
---------------
Is it OK to apply 485 at this stage? Will it cause any problems since spouse is in OPT? or is it better to apply 485 after spouse's H1B approval?

Thanks for your help.

Krishna
 

sumesh11

Registered Users (C)
#34
2nd OPT

You can get a 2nd OPT only if the second degree is higr than the 1st one.

You cannot do a Mastes then Bachelors for a 2nd OPT

My friend did a MAsters for the 1st opt Then he took a advance course in that particular field and got a 2nd OPT.

Sumesh
 

gunt

Registered Users (C)
#35
if your wife files I-485 with you, her F1/OPT status will cease to exist. She will be able to continue working under OPT until either her OPT expires or her EAD is approved (and she then starts working under an EAD). IF you wife leaves the USA while the 485 is pending, she will not be able to re-enter as F1/OPT.
 

shushila

Registered Users (C)
#36
wrong start date on opt ead

I just received my OPT card and the starting date is wrong.
I applied for 01/15/2007-01/14/2008, but on my EAD card it says 11/15/2007-11/14/2008.
Is there a way I can get a new card without mailing it back? My international student office is contacting USCIS.

Has anybody had similar problems?
 

carrot2006

Registered Users (C)
#37
Does this mean one can work under unexpired OPT EAD after filed I-485 even though his/her status is AOS pending? I am quite confused now cuz it seems people give differenct opinions on this issue.

gunt said:
if your wife files I-485 with you, her F1/OPT status will cease to exist. She will be able to continue working under OPT until either her OPT expires or her EAD is approved (and she then starts working under an EAD). IF you wife leaves the USA while the 485 is pending, she will not be able to re-enter as F1/OPT.
 
#38
OPT Card Lost

Hi Friends,

I lost my SSN and OPT card. Can anyone guide me on how I can get my OPT card. I need it because without my OPT card they cant issue a duplicate SSN. I am worried. I would appreciate if anyone can guide me.

Thank you,
Sudha
 
#39
Hello,

am currently on F1 visa and graduating with MS in Dec 2006. My OPT will be valid from Jan. I have no job offer as yet but I am expecting to get one soon. My fiance is applying for her citizenship at the end of this month. She will be getting her citizenship within 6 months. Our parents have fixed our wedding in the month of Aug 2007.
I have the following questions in my mind:
1. If I have a job offer and my H1 is already being processed, will I be able to leave and re-enter US in Aug ?
2. Is there a possibility to ask my employer to process my H1 in October instead of April ?
3. How long does it take for me to get a Green card, if my fiance applies for it once we get married ?

This is really urgent. Please drop in your valuable suggestions or advices.
 

LucyMO

Registered Users (C)
#40
SudhaD said:
Hi Friends,

I lost my SSN and OPT card. Can anyone guide me on how I can get my OPT card. I need it because without my OPT card they cant issue a duplicate SSN. I am worried. I would appreciate if anyone can guide me.

Thank you,
Sudha
I'd ask for help from the International center in getting a replacement OPT EAD. Also, look it up on www.uscis.gov
 
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