Need advice: Wife may not receive I-485 receipt before OPT expires

[TampaTom]

Hi, I was recently married and my wife (from Thailand) graduated from graduate school in May. Apparently, normally with a OPT you must find a job within 90 days or leave the country. She waited 60 days then started her OPT, so there is no grace period after being on her OPT after the first 90 days (as far as I know). We got married in early August and have been working on her green card. Admittedly, we waited a little too long to start on her green card documents. Now we're just about ready to mail in her I-485 on Monday (September 17th), but her OPT 90 day period runs out on September 30th. Can anyone tell us what will happen if we don't receive her receipt notice before her 90 day OPT window expires? We're very concerned about this, please advise us on what we should do.

Thank you in advance!!!

 

[Dkinglaw]

You should consult a law firm as soon as possible

 

[TheRealCanadian]

I assume you are a US citizen - if so, there is no penalty or consequences to a late I-485 filing. Additionally, all that matters is when USCIS receives it. When you get the receipt makes no difference at all.

 

[Jackolantern]

I assume you are a US citizen - if so, there is no penalty or consequences to a late I-485 filing.

And if TampaTom is not a US citizen, whether it's late is moot because she wouldn't be eligible to file I-485 until he becomes a citizen (or waits 2-3 years for the F2A cutoff date movement).

Additionally, all that matters is when USCIS receives it. When you get the receipt makes no difference at all.

Yes, the receipt date on the receipt notice will be retroactive to when USCIS received it.

 

[TampaTom]

I'm a US Citizen so it looks like we should be fine.

Thank you all very much!!!