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CaliCanadian

I'm in my OPT grace period, will they still let me adjust my status?

By CaliCanadian in Adjustment of Status from Work, Student, & Tourist Visas

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CaliCanadian Newbie

CaliCanadian   0

Posted
Filed: F-1 Visa Country: Canada
 Timeline
Posted

Hi,

My husband and I got married on January 7th, my OPT status finished on the 13th and I am now in the 30 day grace period before I have to leave the country. I'm really hoping I didn't mess things up by not sending in my AOS application before the 13th... We just got our marriage license in the mail and are ready to send everything in today... will they deny my application because my status is not current?

Please tell me no!

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MissKC Rookie

MissKC   0

Posted
Filed: AOS (pnd) Country: Latvia
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Posted

Hi,

My husband and I got married on January 7th, my OPT status finished on the 13th and I am now in the 30 day grace period before I have to leave the country. I'm really hoping I didn't mess things up by not sending in my AOS application before the 13th... We just got our marriage license in the mail and are ready to send everything in today... will they deny my application because my status is not current?

Please tell me no!

I am in almost exactly the same position !!! And posted my topic right below you :) Hopefully we will get answers soon !!!

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KayDeeCee Grand Master

KayDeeCee   4,893

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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mngoalie Explorer

mngoalie   10

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

they forgive being out of status when you marry a citizen. Not a problem :)

Adjusting from F-1
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received
09/03/2013 - NOA hard copies received

09/09/2013 - Biometric appointment letter received
09/23/2013 - Biometrics appointment (completed)

10/01/2013 - status online changed to "Testing and Interview"

10/28/2013 - EAD in production
11/06/2013 - EAD received
11/08/2013 - Interview/Approved with RFE for long form birth certificate

12/03/2013 - sent in birth certificate

12/14/2013 - got notification green card in production
12/24/2013 - Green card

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MissKC Rookie

MissKC   0

Posted
Filed: AOS (pnd) Country: Latvia
 Timeline
Posted

they forgive being out of status when you marry a citizen. Not a problem smile.png

I just asked the same question on my topic and someone responded that I have to leave my job and wait till I get an extended working permit, is that true?

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
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Posted

I just asked the same question on my topic and someone responded that I have to leave my job and wait till I get an extended working permit, is that true?

This question and your question are very different.

This question is, "Can I Adjust Status when in OPT grace period?" The answer is yes.

Your question was, "Can I work after OPT expires?" The answer is no, not without new work authorization.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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MissKC Rookie

MissKC   0

Posted
Filed: AOS (pnd) Country: Latvia
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Posted

This question and your question are very different.

This question is, "Can I Adjust Status when in OPT grace period?" The answer is yes.

Your question was, "Can I work after OPT expires?" The answer is no, not without new work authorization.

I just got hired... Can my job do something about it? I got married on the 1/15 and my OPT is expiring 1/31.. I cant just quit my job I wont be able to support us both. I wont be even able to pay for my fees if I leave this job.

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

No, your job cannot do anything about it. Once you file your AOS packet, you can request the expedite of your Employment permission based on having a job offer. But that is not guaranteed, and even with an expedite, you would need to get fingerprinted and get the card produced which would take a couple weeks at least, I would guess.

Being married to a USC by itself does not grant you any special benefits to work.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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MissKC Rookie

MissKC   0

Posted
Filed: AOS (pnd) Country: Latvia
 Timeline
Posted

No, your job cannot do anything about it. Once you file your AOS packet, you can request the expedite of your Employment permission based on having a job offer. But that is not guaranteed, and even with an expedite, you would need to get fingerprinted and get the card produced which would take a couple weeks at least, I would guess.

Being married to a USC by itself does not grant you any special benefits to work.

Do I have to notify my employer about this or they will fire me on the 1/31?

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

If you work past the date on your OPT you will be working illegally. If you want advice about this, then contact a lawyer, because it is against the TOS of this site to discuss illegal activity.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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David & Diana R Experienced

David & Diana R   1,005

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Yet another reason for filing a CR-1 or IR-1 rather than a K-1.

Good luck...but I think you can not continue working. If you do and you fail to inform your employer that you should not be working and as a result your gets contacted by the FEDS you may get fired and become inelligible for re-hire. This of course is assuming that your employer feels like you were attempting to pull the wool over their eyes.

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David & Diana R Experienced

David & Diana R   1,005

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Neither of these posters filed a K-1

Whoops you're right. I gotta get me a pair of computer glasses. My mistake.

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