Adjustment of status while OPT grace period over

[Mrs. JHH 3]

Hi Guys, hope someone can help me out. This is my case in a nutshell:

I came to US with a J1 visa (Two years rule does not apply)in 2007. Changed to F1 visa in 2009, graduated in December 2011 and received my permission to work through OPT on Jan 23 2012.

I couldn't find a job within 90 days (90th day on April 23, 2012). I got married to my sweet husband yesterday (06/09/2012). I stayed in the US after my grace period for the opt was over, will this situation affect on the GC process? Does anyone got a GC under similar situation? Also, What should I put on Part 1 of the

I-485 where it asks "Current USCIS Status"? Expired? If so, Should I put on "Expire on" the date that I graduated from college - December 2011; the date that my OPT grace period ended - April 23, 2012; or the date on my employment authorization card -- 01/22/2013?

I am so confused!!! PLEASE HELP!

[jaycali 415]

1. Ask your international student advisor if the 90 day rule for OPT is currently enforced. I was on OPT in 2010 and due to the economic crisis that 90 day rule was temporarily not enforced. If not, you can still work on your current EAD card until your new one arrives.

2. Even if you're out of status, you can still file for AOS.

Edited June 10, 2012 by jaejayC

[Brad and Vika 129]

Moved from aos family based to work/student based

[Darnell 8,478]

it's my understanding that your DSO at your university knows all yer dates.

So contact that human, inquire for yer current status.

Since you two are planning on filing an adjustment of status case,

the overstay can be / will be forgiven when the greencard is in hand.

Good Luck !

[Mrs. JHH 3]

Thank you all!

Yeah, I am current out of status now. 90 days are still in full force!

[grrrrreat 109]

Thank you all!

Yeah, I am current out of status now. 90 days are still in full force!

This doesn't prevent you from adjusting status, but it does have other consequences:

1) You're out of status on OPT/F-1, and you can't use that visa or EAD to travel or work.

2) You've begun accruing unlawful presence. If you accrue 180 days of it, you can't travel out of the U.S. until you are an LPR, or you will be barred. Unlawful presence stops accruing when you file I-485.

3) In an adjustment interview, you may be questioned a little more thorougly than others regarding the bona fides of your relationship. (Depending on the officer, USCIS may consider marrying and adjusting status while out of status as suspicious, but it still doesn't prevent bona fide couples from adjusting status.)

4) You need to apply for a new EAD when you adjust status if you want to work.

For current status, put F-1/OPT. "Expired" and "out of status" aren't real statuses.

Edited June 13, 2012 by grrrrreat