F1- Post completion OPT extension - laid off question for AOS

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eagle272

New Member
Hello,

I have couple of questions regarding my current situation:

I'm on post-completion OPT expiring on Dec 20, 2013. I have never used my 120 unemployed days from my OPT till I got laid off from my job on July 17 2013. I'm eligible for unemployment benefits and actively seeking a job. If I were to get married to USC (we planned getting married before this lay-off thing happened) in last week of August and submit the AOS (I-485, I-130, I-765, AP etc.) in a day or two and not find a job till Nov 17 what would happen then? Will I still be eligible for unemployment?

Also, for my AOS, I understand that I need a Birth Certificate, I never had one, so I called my family to see if they can get me latest one based on my school transcripts etc, two affidavits from my parents and non-availability of birth certificate signed by some local office that issues birth certificate. They said that they can get everything but non-availability of birth certificate.

It might sound silly but they were told that they are not aware of such process so they cannot sign on something like that. Then I added "The Registration of Births and Deaths Act, 1969
(Act No. 18 of 1969) [31st May 1969]" to the same document that they had and now they are saying that It might take 7-8 months for them to process it and sign on it. So I thought I would get birth certificate they issue based on my school records and affidavits from my mom and dad for now, and in case USCIS asks for non availability of BC I'll have them get it even if it takes 8 or more months. Can I do that? Will I get AP and EAD by doing that?

Any suggestions would be appreciated.

Thanks.
 
eagle272 said:
I'm eligible for unemployment benefits ...
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No, you aren't. Not with F1 status. And the maximum allowed unemployed time for OPT is 90 days, not 120 days.

Also, for my AOS, I understand that I need a Birth Certificate, I never had one, so I called my family to see if they can get me latest one based on my school transcripts etc, two affidavits from my parents and non-availability of birth certificate signed by some local office that issues birth certificate. They said that they can get everything but non-availability of birth certificate.
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Your birth was never officially registered? If it was registered, the authorities should be able to issue you a new birth certificate based on that original registration.
 
Wrong.

My statement was based on the information I have got from the state UI office. They checked with the DHS on my eligibility and determined that I'm eligible.


Wrong.

As per an excerpt from the regulations below it is 120 days not 90.

(E) Periods of unemployment during post-completion OPT . During post-completion OPT, F–1 status is dependent upon employment. Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial post-completion OPT authorization. Students granted a 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during the total OPT period comprising any post-completion OPT carried out under the initial post-completion OPT authorization and the subsequent 17-month extension period.

Correct. It was never registered. Even when I got my passport I never needed a birth certificate. So, the birth details on my passport are based on my school transcripts.
 
eagle272 said:
Wrong.

My statement was based on the information I have got from the state UI office. They checked with the DHS on my eligibility and determined that I'm eligible.


Wrong.

As per an excerpt from the regulations below it is 120 days not 90.

(E) Periods of unemployment during post-completion OPT . During post-completion OPT, F–1 status is dependent upon employment. Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial post-completion OPT authorization. Students granted a 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during the total OPT period comprising any post-completion OPT carried out under the initial post-completion OPT authorization and the subsequent 17-month extension period.

Correct. It was never registered. Even when I got my passport I never needed a birth certificate. So, the birth details on my passport are based on my school transcripts.
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Based on what you provided the 120 days is correct if you were granted a 17-month OPT STEM extension (for a total of 29 months of OPT). However, if you have the standard 12 month OPT then it is 90 days. The original post and question doesn't state which OPT status you have.
 
Ah. I see the confusion. Sorry about that. I mentioned it in the title but forgot to mention in my message.

Anyhow, any suggestions on my questions?
 
Your OPT is not affected by the AOS application, as long as you continue to follow the rules of the OPT. So if you're saying that you are eligible for unemployment benefits in your state, that will continue to be the case.
 
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