OPT Form 1-30 filing

[Banky 1]

Hi Everyone,

I'm Banky. I am new on this website. My situation is as follows:

I came to the United States on an F-1 visa. But after my masters program I applied for an OPT card which I got. During my OPT period I got married and my wife is filing for me for a change of status. However, after reading the USCIS website and interactions with friends the forms to send in become very confusing everyday. As of today my wife has mailed the form I-130 with the necessary supporting documents to the Chicago lock box office. My questions are:

1) Because of my OPT status would I be considered as having an expired visa. (OPT expires July 28, 2013)

2) Should I have filed the form I-864 with the form I-130?

3) If I-130 approved, should I send in a form I-765 for a change of work authorization or would my OPT card be changed automatically to a non-restrict-able work authorization?

I would appreciate any information/help offered.

Thanks in advance.

Regards,

Banky

[newacct 688]

I came to the United States on an F-1 visa. But after my masters program I applied for an OPT card which I got. During my OPT period I got married and my wife is filing for me for a change of status. However, after reading the USCIS website and interactions with friends the forms to send in become very confusing everyday. As of today my wife has mailed the form I-130 with the necessary supporting documents to the Chicago lock box office. My questions are:

1) Because of my OPT status would I be considered as having an expired visa. (OPT expires July 28, 2013)

2) Should I have filed the form I-864 with the form I-130?

3) If I-130 approved, should I send in a form I-765 for a change of work authorization or would my OPT card be changed automatically to a non-restrict-able work authorization?

In your case it's "adjustment of status" (AOS), not "change of status" (COS).

You didn't mention I-485. The two of you should have filed I-130 and I-485 at the same time, since you are in the U.S. Did you file the I-485?

1. Visa is irrelevant. You are in valid status.

2. I-864 should be filed with the I-485.

3. I-765 should be filed together with the I-485. Until you get a new EAD, you are still under the OPT's work authorization unless you violate its requirements.

[Kazulie 132]

Yes, you were supposed to file the I-485 and I-765 with your I-130. I would have you wife call USCIS and get those forms and supporting documents off to them ASAP.