Need help with Form I-485, what is my current USCIS status and the expiration date ?

[hollyvan 0]

Hello everyone , I need help with the Form I-485, my situation is little bit complicate.

I was holding F-1 visa when I entered US, when I graduate in May 2010 I applied OPT, the visa was expired in Jun. 2010 and the OPT which last one year was expired in July 2011.

My husband is apply the Green Card for me right now, but my status is not legal after the OPT.

So should I fill "Student/ F-1 visa" or "expired" ?

And what is the expiration date of my status? Is it the expiration date of my F-1 visa or the graduation date or the expiration date of the OPT?

Edited October 9, 2012 by hollyvan

[Hypnos 6,576]

"F-1, Expired" with the date as the date you went out of status on (probably the OPT expiry date).

[hollyvan 0]

Hello everyone, I need some help with I -765.

I am preparing my application for the green card, I have all the material prepared except I -765, because it needs th information and proof of the previous EAD in my case it will be the OPT card. But I have lost mine, the USCIS customer service told me I have ask my school to give me a copy of the proof of the previous case.

But it takes my school so long to get the original files, because I have already graduated for two years and they moved them to an large warehouse.

I already waiting for their response for a month and they don't know how long I need to keep waiting.

I was planning file I-765 with I -130 and I -485, because there will be not filling fee. But actually I probably will be stay at home take care of the baby instead of go out and working.

And I hope I can file he application as soon as possible.

Do I need to file I -765 with other forms now if I don't need to work ? Because someone told me that I can apply for driver license and etc after the I -765 is approved and before the Green Card is issued. And my legal status is expired so don't have a driver license, and it is better for me to get one ASAP

[hollyvan 0]

"F-1, Expired" with the date as the date you went out of status on (probably the OPT expiry date).

Thank you.

I guess that will be my OPT expiration date.

The thing is if you didn't work during the OPT, the OPT will expired 90 days after it is started, if you kept working it will be expire in one year.

In my case I didn't work, so my expiration date would be "90 days + the day it started" ?

Edited October 10, 2012 by hollyvan

[bigdog 376]

Sounds like you were in USA on other type of entry visa. Why not start at the beginning and make it easy for you to get help. It seems is makes a difference how and what you apply for if you are transitioning from visa to marriage I130 (i485). If you graduated 2 years ago are you out of status?

[Pitaya 2,577]

Hello everyone, I need some help with I -765.

I am preparing my application for the green card, I have all the material prepared except I -765, because it needs th information and proof of the previous EAD in my case it will be the OPT card. But I have lost mine, the USCIS customer service told me I have ask my school to give me a copy of the proof of the previous case.

But it takes my school so long to get the original files, because I have already graduated for two years and they moved them to an large warehouse.

I already waiting for their response for a month and they don't know how long I need to keep waiting.

I was planning file I-765 with I -130 and I -485, because there will be not filling fee. But actually I probably will be stay at home take care of the baby instead of go out and working.

And I hope I can file he application as soon as possible.

Do I need to file I -765 with other forms now if I don't need to work ? Because someone told me that I can apply for driver license and etc after the I -765 is approved and before the Green Card is issued. And my legal status is expired so don't have a driver license, and it is better for me to get one ASAP

it helps everyone understand where you are in your visa journey.

Good luck.

[Ontarkie 14,221]

Topics merged. Hollyvan I merged your topics to help members get more information in the same post, which in turn helps you get more accurate answers.

Edited October 10, 2012 by Ontarkie

[hollyvan 0]

Can any body help me with the I -765 question?

[hollyvan 0]

Sounds like you were in USA on other type of entry visa. Why not start at the beginning and make it easy for you to get help. It seems is makes a difference how and what you apply for if you are transitioning from visa to marriage I130 (i485). If you graduated 2 years ago are you out of status?

I was holding a F-1 visa when entered USA. And now I am out of status.

Now my husband is applying Green Card for me.

I am USA now. That's why I need to file I -485 with the I -130.

[asdfg 18]

Hello everyone , I need help with the Form I-485, my situation is little bit complicate.

I was holding F-1 visa when I entered US, when I graduate in May 2010 I applied OPT, the visa was expired in Jun. 2010 and the OPT which last one year was expired in July 2011.

My husband is apply the Green Card for me right now, but my status is not legal after the OPT.

So should I fill "Student/ F-1 visa" or "expired" ?

And what is the expiration date of my status? Is it the expiration date of my F-1 visa or the graduation date or the expiration date of the OPT?

You may write "expired" under current status and what visa you entered with where it asks how you entered US.

P.S. F-1 is a bit complicated status. F-1 statues don't normally have expiration dates (there is no fixed date on stamped I-94 form , just a "D/D" meaning valid for the duration of the status). And it's I-94 that shows duration of your status in US not a Visa stamped in the consular office.

There is a lengthy memo dating back to 1996 or 1997 where consular officials are being instructed how to interpret it under then new immigration reform law. I am not a lawyer and not sure I understand it fully, but I think what is designated as the period authorized by AG still remains in effect until after finding is made by legacy INS that the student is out of the status. It's thus possible to simultaneously be out of status yet to be considered under "authorized by AG" period (which prevents one from becoming illegal).

This interpretation of law, though, is probably meaningless since 2002 as new laws were passed obliging all school to immediately report to USCIS any student who no longer has a valid status at the school (it used to be voluntary procedure and many schools routinely were failing to send INS proper forms/letters about students completing/finishing/leaving the school etc.)

In any event. it's immaterial to you when you are dealing with I-485 and it doesn't make any difference what your actual, perceived, technical and legal status is as long as you have entered with a valid visa and held valid status at some point and are not subject to any bars other than 9(B).

[hollyvan 0]

You may write "expired" under current status and what visa you entered with where it asks how you entered US.

P.S. F-1 is a bit complicated status. F-1 statues don't normally have expiration dates (there is no fixed date on stamped I-94 form , just a "D/D" meaning valid for the duration of the status). And it's I-94 that shows duration of your status in US not a Visa stamped in the consular office.

There is a lengthy memo dating back to 1996 or 1997 where consular officials are being instructed how to interpret it under then new immigration reform law. I am not a lawyer and not sure I understand it fully, but I think what is designated as the period authorized by AG still remains in effect until after finding is made by legacy INS that the student is out of the status. It's thus possible to simultaneously be out of status yet to be considered under "authorized by AG" period (which prevents one from becoming illegal).

This interpretation of law, though, is probably meaningless since 2002 as new laws were passed obliging all school to immediately report to USCIS any student who no longer has a valid status at the school (it used to be voluntary procedure and many schools routinely were failing to send INS proper forms/letters about students completing/finishing/leaving the school etc.)

In any event. it's immaterial to you when you are dealing with I-485 and it doesn't make any difference what your actual, perceived, technical and legal status is as long as you have entered with a valid visa and held valid status at some point and are not subject to any bars other than 9(B).

Thanks for your reply.

I think maybe I should use the expiration date of the OPT.

And do you mean no matter what date I use as the expiration date of my status, it won't make much difference or problem to my application?