file i765 with i485, my immigration status?

C

chloe621

New Member
Hi,

I am going to file i-765 along with my i-485. On form i-765, question 15 immigration status.. I am wondering if I should put "out of status" here?

my opt ended OCT 2015, pending approval for H1-B, then H1B denial notice was sent out on 2/3/2016. The attorney who filed my h1-b told me that I do have 60 days grace period after the denial. So i am on the grace period and out of status... what exactly should i put there? Would it be ok if i just still put student on there? Or does it sound like i am lying??

Thanks
 
newacct said:
If you are in the grace period, you are in F1 status.
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Well, but my grace period isn't the one after the OPT ended... started to feel that maybe i should have just hired an attorney to do all this.. so many confusion due to my status...
 
It doesn't really matter what you put here, as you are applying for EAD on the basis of being an AOS applicant, and your status doesn't matter for this. What did you put for your current status on your I-485? You can put the same thing here. "F1, grace period", or "F1, possibly out of status" or anything like that would be fine.
 
newacct said:
It doesn't really matter what you put here, as you are applying for EAD on the basis of being an AOS applicant, and your status doesn't matter for this. What did you put for your current status on your I-485? You can put the same thing here. "F1, grace period", or "F1, possibly out of status" or anything like that would be fine.
Click to expand...


:(( would it sound bad if i put "possibly out of status" in there??
i did put student on i-485 as well... and the expire on i put D/S...

when i filled that, i just went with whatever status i came in.. since the h1b was denial, so i think that i am still F1.. but i really have no clue at all...

Would it be fine if i just put student on my status? i am hoping that uscis won't hold this against me...
 
I am not talking about the "In what status did you last enter?". I'm talking about the "Current USCIS Status" on the first page. You should put the same thing there as on the question asking for your status on I-765. Whether you are out of status doesn't matter for I-765 since you are applying based on I-485. Instead, it only potentially matters for I-485. If you are not in the Immediate Relative category (spouse, under-21 child, or parent of US citizen), then you cannot file I-485 when out of status; if you are in the Immediate Relative category, then it doesn't matter at all if you are out of status or not.
 
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