F1/Opt to expire in 30days, recently married, am an RN with assoc, can I continue to work?

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Quizativefrank

Registered Users (C)
My wife's F1/Opt is about to expire at the end of May. She has been living in the US for several years on a F1/Opt visa. She went to school during this time and received her associates degree. She currently has a full time job. Since we got married later than we had hoped, it looks like there will be a gap between when her F1/Opt expires and she get the "change of status" or working permit back.

Therefore, I am writing to see if there is anything we can do to get an extension of her work status to demonstrate she is legal to work since I she is now married to a USC and only waiting for the updated change of status? Or does she need to leave for sure at the end of the May until the official paperwork returns?
 
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I don't see how she can get an extension on F1. Now there maybe something you can do on the Marriage Sponsorship side of thing, but you will have to go over to that family based sponsorship forum to look for an answer. I know nothing about marriage sponsorship.

The only time you can extend F1 OPT is STEM or if her employer want to sponsor for an H1. So no, she might have to stop working unless something can be done on the marriage sponsor side.

As for whether she has to leave the country, if she work till the end of her OPT, she has 60 days grace period under her F1 in preparation to leave. So she can remain in the US for 60 more days, but she still can't work in those 60 days, at least not under F1. So if her OPT end date is the end of May, then she has until July to leave the country. Again, my advice is not legal advice. Since your case is very fact specific, you should ask an immigration attorney for legal advice.
 
Thank you for the response. Have spoken to two Immigration attorney's. And both have said that though the F1 cannot be extended as you suggested, that once she is married there is a statute that allows her to continue to work until the transition is complete. They just did not remember the name of the statute. She does not have to leave the US due to the marriage, so no concern there. Just trying to find a way for her not to have to leave work given the tight economy. I will check the other forum too. Thank you for the suggestion.
 
HKAndy,
Thank you for the feedback. Great Links. We did apply for the I-785. This will give her the eventual EAD she needs to continue working. I was not able to draw the connectino between your first link and this situation. If I missed something please let me know!! What I was more looking for was a statue that allowed her to continue working as a Nurse at her organization once her F1 expires at the end of May and before she receives the actual EAD at the end of June. More like a temporary EAD that basically says she can continue working at her current place of employment since she is married to a US citizen and will receive the official paperwork in a matter of weeks.
 
Same situation

I have the same situation. My OPT Expires May 10th, 2010 and I have not received my EAD card yet. I got married in March, 2010, and I received my I-797C for the 1-765 in the mail today. I will try to talk to an immigration lawyer Monday and I will let you know what he says. I am also hoping that I do not have to quit my job! Please keep me posted if you find something out, good luck!
 
Wow, how coincidental. Can't wait to hear what you find out. I did see this on another post...trying to follow this path to see if it can help.

"I get these questions a lot in the H and the 485 forums and I see that many F1, F2 (and OPT) holders are having this misunderstanding about having a F1 or OPT and applying for 485 changes your status scenario marginally. I will list the following observations.

1. Whether you are on F or OPT, as soon as you apply for I485 (from its Receipt date) you are a I485 adjustee.No longer F or OPT.
2. You cannot be on I485 adjustee and F visa or OPT. So apply for EAD(485 based,not OPT) along with 485 and then file I-9 with employer ,if you are on OPT or with school if you are on F1 and diligently renew the 485 based EAD. Also apply for AP, from now onwards you have to use AP for travel.

The primary reason is that a F visa holder should prove non immigration intention every minute. By filing I485 you have violated a fundamental tenet of this requirement. You can go through a dual intent visa like H or L towards GC/I485. Direct F (OPT) to 485 is a land of mines and you have to tread carefully.
 
I quoted the AOS link since under 245(a), if you spouse had been inspected at the border, even if she has over-stayed, she can Adjust her status through marrying you, a USC. Normally, people who have overstayed their temporary visa are not entitled to adjust and must leave the country. I think I quoted it just to show the INA section number.
 
ok, so I spoke to two immigration lawyers today, and they both told me the same thing, and something I was not expecting. Basically if I keep working after my OPT expires I will be in violation, even though a minor one. But because I am married to a US citizen, I would not be penalized for it, nor my spouse, nor my employer. So they both said that 99% of the time they would advice people to keep working even with an expired OPT until they receive the new EAD card since there is no risk or penalty for any party involved. But if the employer has an issue, you can work out of payroll, of take an unpaid leave until you receive the new EAD card. Please let me know if you have any questions!
Thanks,
 
arodriguez said:
ok, so I spoke to two immigration lawyers today, and they both told me the same thing, and something I was not expecting. Basically if I keep working after my OPT expires I will be in violation, even though a minor one. But because I am married to a US citizen, I would not be penalized for it, nor my spouse, nor my employer. So they both said that 99% of the time they would advice people to keep working even with an expired OPT until they receive the new EAD card since there is no risk or penalty for any party involved. But if the employer has an issue, you can work out of payroll, of take an unpaid leave until you receive the new EAD card. Please let me know if you have any questions!
Thanks,
Click to expand...

Precisely. Do be mindful that the foreigner in violation of the visa MUST have been inspected at the border. Otherwise, the rules are different for those who wasn't inspected.
 
That is incorrect I am afraid. As the spouse of a US citizen undergoing AOS, unauthroized employment will be fogiven for the AOS applicant. However USCIS can still penalize an employer (if they want to) for hiring someone who was not authorized to work in the US.

arodriguez said:
nor my employer
Click to expand...
 
Interesting enough. Yes I have spoken to several also and the sum of the responses are as follows:
1) You might get the EAD before the expiration data and if so this is all mute
2) Once you get your receipt, apply for an expedited 765 or EAD, If denied
3) Keep working, since you are married there is no violation on your part that is not forgiven, and employee did not hire you expired.
4) If asked to leave then ask to be put on leave of absence, until EAD arrives, keeping benefits
5) If asked to leave and will not put you on leave of absence, politely leave, join a good gym, clean the house,and enjoy that last long vacation you will have in a long time.

Thanks for the feedback.
 
arodriguez said:
ok, so I spoke to two immigration lawyers today, and they both told me the same thing, and something I was not expecting. Basically if I keep working after my OPT expires I will be in violation, even though a minor one. But because I am married to a US citizen, I would not be penalized for it, nor my spouse, nor my employer. So they both said that 99% of the time they would advice people to keep working even with an expired OPT until they receive the new EAD card since there is no risk or penalty for any party involved. But if the employer has an issue, you can work out of payroll, of take an unpaid leave until you receive the new EAD card. Please let me know if you have any questions!
Thanks,
Click to expand...

Hi there, I just wanted to ask you how you made out. I'm in pretty much the same situation. I know for a fact that my EAD will not arrive in time before my OPT expires. I'm worried that the immigration agent will give me a hard time or even deny my application for GC. My husband is a USC, however, I wouldn't want to put him in an uncomfortable situation and complicate the outcome of my visa applications at the same time. thanks for your input.
 
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