Offered job after 90 day OPT period

[okhan90 0]

Hello all, i am new to posting here, but first want to say this website has helped me very much. I have come across a problem and am wondering if someone may be able to help.

My girlfriend is an international student, I am a U.S. citizen born and raised here, we have been together for two years. She recently graduated and was given OPT, however, she was unable to find a job within 90 days. For the past month she has just been getting her things together and planning on moving back to her home country. The other day however she was offered a job that she had applied for months ago. My question now is what is the best way to deal with this? It has been more than 90 days since she has graduated, which leads me to believe F-1 is now out of status and EAD now invalid, however, she has been offered a job in her field at a university.

1. if we get married immediately is there some way to file an AOS application and apply for work authorization so she can work while the AOS application is pending?

2. If we get married and apply for AOS after she begins work will she face any major consequences (i.e. deportation, getting arrested,fines).

3. Are there any other suggestions or tips you guys have?

Thanks, I appreciate you taking the time out to help us, its all very confusing!

Edited November 7, 2013 by okhan90

[Ban Hammer 13,656]

one post removed for
Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

administrative action has been taken.

[JayJayH 546]

Hello all, i am new to posting here, but first want to say this website has helped me very much. I have come across a problem and am wondering if someone may be able to help.

My girlfriend is an international student, I am a U.S. citizen born and raised here, we have been together for two years. She recently graduated and was given OPT, however, she was unable to find a job within 90 days. For the past month she has just been getting her things together and planning on moving back to her home country. The other day however she was offered a job that she had applied for months ago. My question now is what is the best way to deal with this? It has been more than 90 days since she has graduated, which leads me to believe F-1 is now out of status and EAD now invalid, however, she has been offered a job in her field at a university.

1. if we get married immediately is there some way to file an AOS application and apply for work authorization so she can work while the AOS application is pending?

2. If we get married and apply for AOS after she begins work will she face any major consequences (i.e. deportation, getting arrested,fines).

3. Are there any other suggestions or tips you guys have?

Thanks, I appreciate you taking the time out to help us, its all very confusing!

Her student status was terminated on day 91 of unemployment. She cannot currently work.

1. Yes. With the AOS package, file an I-765 for work authorization. Once approved (60 - 90 days) she can begin to work, even if AOS is not yet approved.

2. Though the chances are small, she could be arrested and subject to deportation as she will be working illegally.

3. If this is the girl you want to spend your life with, you should seriously consider marriage. Soon. File AOS along with I-765 ASAP. Do not risk having her work illegally.

Edited November 12, 2013 by Yang-Ja

[Darnell 8,479]

The DSO at her school may have some positive input on this, contact the DSO today and see what's what. Since the offer was at her university, there may be some slippage available to her from the DSO.

Edited November 12, 2013 by Darnell

[Darnell 8,479]

tempus fugit.

What's the word from the DSO ?

[okhan90 0]

Hello all. No update as of yet and have not heard back from her University. Just to clarify, she was offered a job at a different university. Will post soon with any updates. Thank you all for the advice/help.

[okhan90 0]

DSO finally got back to us. Said she can accept the job no problem, and her ead is technically still valid and will remain so until an immigration officer terminates it, which it sounds like never happens. So....good news! thank you guys for all the advice and keeping me sane through all this. Will be back in a few months possibly depending on the STEM extension result. Peace.

[JayJayH 546]

DSO finally got back to us. Said she can accept the job no problem, and her ead is technically still valid and will remain so until an immigration officer terminates it, which it sounds like never happens. So....good news! thank you guys for all the advice and keeping me sane through all this. Will be back in a few months possibly depending on the STEM extension result. Peace.

Woohoo!