OPT with EAD not working

[JeannyG 0]

Good day everyone.

I'm on of the numerous people seeking help and guidance.

My situation is that I am on F1 visa and was given an OPT; EAD for 8/2011 - 8/2011.

Unfortunately I was not able to find employment due to certain circumstances and has

not reported it to the school. Last contact I made was when i filed for OPT the previous year.

I also have not reported it to DHS or OIS. I will be soon married to my long time bf and was

thinking of several issues.

My questions are:

1) Am I out of status?

2) Will it be difficult in filing my paper works for the application of status change

3) What forms do I need to file for change of status ( I am marrying a US Citizen btw.)

Thank you so much for your time and help

[rika60607 215]

You overstayed, but this overstay will be forgiven once you marry and file Adjustment of status.

Good day everyone.

I'm on of the numerous people seeking help and guidance.

My situation is that I am on F1 visa and was given an OPT; EAD for 8/2011 - 8/2011.

Unfortunately I was not able to find employment due to certain circumstances and has

not reported it to the school. Last contact I made was when i filed for OPT the previous year.

I also have not reported it to DHS or OIS. I will be soon married to my long time bf and was

thinking of several issues.

My questions are:

1) Am I out of status?

2) Will it be difficult in filing my paper works for the application of status change

3) What forms do I need to file for change of status ( I am marrying a US Citizen btw.)

Thank you so much for your time and help

[Little_My 464]

OPT students have 60 or 90 days (can't remember which and couldn't find the info quickly right now) to find a job / internship in their field once OPT has been approved. Any time you have spent in the U.S. after that time period passed has been overstay. However, as the previous poster noted, if you are marrying a US citizen and plan to adjust your status to a legal permanent resident, the overstay is irrelevant.

You will be filing the I-130 and I-485 concurrently, once you have first gotten married and obtained your marriage certificate. Read the guide here on VJ on filing for a foreign spouse within the US, download the newest versions of those forms from USCIS website, read the instructions for the forms carefully, and make sure you have all the required supportive documentation attached to the package.

Do not bother to fill out the I-131 form for advance parole document. If you filled it out and submitted it with the rest of your paperwork, it would be approved which might make you think you are fine to travel abroad while your AOS is pending. However, since you have accumulated over 180 days of overstay, you would be subject to a ban of 3 years (or 10 if you have overstayed for over a year), which will trigger the minute you leave the US.

So, to make it short - you cannot leave the US until you have your physical green card in hand. Other than that, you are most likely good to go with the AOS.

[JeannyG 0]

OPT students have 60 or 90 days (can't remember which and couldn't find the info quickly right now) to find a job / internship in their field once OPT has been approved. Any time you have spent in the U.S. after that time period passed has been overstay. However, as the previous poster noted, if you are marrying a US citizen and plan to adjust your status to a legal permanent resident, the overstay is irrelevant.

You will be filing the I-130 and I-485 concurrently, once you have first gotten married and obtained your marriage certificate. Read the guide here on VJ on filing for a foreign spouse within the US, download the newest versions of those forms from USCIS website, read the instructions for the forms carefully, and make sure you have all the required supportive documentation attached to the package.

Do not bother to fill out the I-131 form for advance parole document. If you filled it out and submitted it with the rest of your paperwork, it would be approved which might make you think you are fine to travel abroad while your AOS is pending. However, since you have accumulated over 180 days of overstay, you would be subject to a ban of 3 years (or 10 if you have overstayed for over a year), which will trigger the minute you leave the US.

So, to make it short - you cannot leave the US until you have your physical green card in hand. Other than that, you are most likely good to go with the AOS.

Thank you so much for the very informative/detailed replies.