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Should I leave the US immediately?

R

rana2000

New Member
First, its been wonderful to be on this forum. I'm 2007 winner in Cincinnati, Ohio. I chose to do AOS, but I got stuck with the background check for more than two months, so the DV year was officially over and I lost my chance.

I'm a college graduate on F-1 visa, and I'm now doing my 1 yr OPT which expires on May 2008. I received a letter from Homeland Security stating that since I didn't get the green card, preparations would be made to ensure my departure. It also states that my work authorization was only valid until a decision was made on my green card application.

Does that mean I should leave the US immediately, or I could still do my OPT until it expires in May 2008? What should I do?

Thank you all in advance.
 
rana2000 said:
First, its been wonderful to be on this forum. I'm 2007 winner in Cincinnati, Ohio. I chose to do AOS, but I got stuck with the background check for more than two months, so the DV year was officially over and I lost my chance.

I'm a college graduate on F-1 visa, and I'm now doing my 1 yr OPT which expires on May 2008. I received a letter from Homeland Security stating that since I didn't get the green card, preparations would be made to ensure my departure. It also states that my work authorization was only valid until a decision was made on my green card application.

Does that mean I should leave the US immediately, or I could still do my OPT until it expires in May 2008? What should I do?

Thank you all in advance.
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Did u work with the EAD that came with your AOS application? if you did, then u will not be able to maintain f-1 status.
 
Why did the background check take that long? and perhaps u used ur EAD that came via AOS in ur Practical training.....

i would suggest you to consult a lawyer anf file F1 reinstatement instead returing ur country.
 
saurav110 said:
Why did the background check take that long? and perhaps u used ur EAD that came via AOS in ur Practical training.....

i would suggest you to consult a lawyer anf file F1 reinstatement instead returing ur country.
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I had my EAD for the OPT and started working even before I submitted my AOS application. How could the AOS application affect my OPT?
 
in theory, you can fall back on your F-1 status even if AOS falls through. In practice, it will be difficult "to go back" to a non-immigrant status when you clearly have immigrant intentions. As for "leaving the country immediately", I would write back to the same office, stating that you have been maintaining your F-1 status throughout your AOS period and would like to remain in it. I would consult with a GOOD lawyer. And an immigration officer (not a clerk at 1-800 number).
 
LucyMO said:
what exactly does their letter say?
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"Upon consideration, it is ordered that your application for status as a permanent resident be denied for following reasons: The record reflects that you were not issued a visa number prior to September 30, 2007...."

"Proceedings will be instituted to enforce your departure. You may renew your application for status as a permanent resident during such proceedings."

"In accordance with Title 8, Code of Federal Regulations,..., your authorization to accept employment was limited to the time necessary to decide the case. Inasmuch as your application for adjustment has been denied, your authorization to accept employment is therefore terminated,..."

"If you were admitted as a nonimmigrant student and fell out of status you will begin to start to accrue "unlawful presence" as of the date on this denial notice..."
 
"If you were admitted as a nonimmigrant student and fell out of status you will begin to start to accrue "unlawful presence" as of the date on this denial notice..."
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that's the point. If you haven't fallen out of F-1 status, and didn't use AOS EAD, then you are still in F-1 status. I'd go ahead and notify the office that sent you the notice about it. ANd that you intend to remain in F-1 status until it runs out in May 2008.
 
other than that, yours will be the first practical case that I have ever read about when a person "falls back" on F-1 after AOS fails. Good luck. It could be a mess.
 
get help from a lawyer, still there must be a way

rana2000 said:
thank you very much...i really appreciate your help.
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Rana200,
I am sorry for your case. I am a winner of 2008 from Asia with very high case number 2008AS00015XXX and want to do AOS. And remember that my lawyer said once if your AOS case gets denied only because of time expiration means end of September passed. And no fault or delay was from your side. You can appeal to immigration judge within a period of time that I do not remember. But, I am sure that an expert immigration lawyer can help you.

Good luck
 
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