questions regarding expired F1 and OPT for filing adjustment of status

[rainny]

I am an international student with F1. My student visa will expire in May 2011, but the I-20 is still good until 2012. I might not be able to finish my program until August or December 2011. The international advisor in my school told me I don't need to renew my F1 as long as my I-20 is valid. I have been looking for answers to my questions. Unfortunately, the answers are varied. My questions are:

1) Would I have any problem when applying OPT (optional practical training) with an expired F1?

2)Would I have any problem when filing form I-130 and I-485 (optional practical training) with an expired F1?

3) Can I file I-130 and I-485 duing my OPT (90 days) period?

4)If my F1 is expired but I-20 is valid, can I stay in the US after filing I-130 and I-485 (even before I get any response)? Since it gonna take more than 6 months for filing I-485, my concern is whether I can stay in the US without a legal status. I don't want to overstay or stay illegal anyway.

5) I heard that changing the status (after filing I-485) would end all the benefits of international students. I am working as a research assistance at the university now. Will changing the status stop me from working on campus?

Thanks in advance for any response.

 

[LucyMO]

1) Would I have any problem when applying OPT (optional practical training) with an expired F1?

no. Your advisor is correct. As long as you go to school full-time and your I-20 is current, the expiration date on your F-1 visa is irrelevant.

2)Would I have any problem when filing form I-130 and I-485 (optional practical training) with an expired F1?

what does I-485 have to do with OPT?

3) Can I file I-130 and I-485 duing my OPT (90 days) period?

yes

4)If my F1 is expired but I-20 is valid, can I stay in the US after filing I-130 and I-485 (even before I get any response)? Since it gonna take more than 6 months for filing I-485, my concern is whether I can stay in the US without a legal status. I don't want to overstay or stay illegal anyway.

once you file I-485 you will be in a legal "pending AOS" status.

5) I heard that changing the status (after filing I-485) would end all the benefits of international students. I am working as a research assistance at the university now. Will changing the status stop me from working on campus?

filing I-485 is called adjustment of status. Not change of status. Yes, if you file for AOS (I-485) in most cases you will need to file for work authorization (I-765, EAD) and use it for work. However, if you already have a CPT or OPT work permits, you can continue using them for employment. If you decide to maintain F-1 status even when AOS is pending, you may continue working on campus for 20 hours a week. However, I would discuss that with your international advisor beforehand.

 

[rainny]

Lucy,
Regarding question2, I was meant to say "Would I have any problem when filing form I-130 and I-485 with an expired F1?"
But you addressed my concerns and what I want to know. Thank you very much for your response.