Will I be out of status?

[lola0221 1]

I am currently under F1 visa. My I-20 expires June 2015. I worked very hard with my schoolworks and I was able to turn in everything last October 2014. I am being advised by my school to apply for OPT, they said that I only have 60 days to legally stay in the US. Is this true or is this a part of their money making scheme since my I-20 says I am legally here until June of next year.

Question: If I dont apply for OPT, will I be out of status?

Me and my USC husband will be celebrating our first year anniversary this November. Our legal assistant was set to file our papers (I-130, 765, 485) months ago but kept on delaying it. She said that she is going to file it ASAP.

Question: Am I considered out of status assuming my F1 visa expires (based on the 60 day memo given to me) even if we have submitted our documents already?

How do we call in-betweeners like us?

Should I apply for OPT or wait for the result of our petition? I dont know who to trust anymore since I think the school and the legal assistant has their own ulterior (financial) motives.

Please help me.

Any input will be greatly appreciated.

[Newbie608 103]

No, you don't have to apply for OPT. Once you file your petition, you can stay in the US legally until a decision has been made. You will not be out of status.

[lola0221 1]

Thank you very much for that information @newbie608.

Do you guys happen to know if when my stay as an F1 expires? Is it June 2015 or 60days after the said date given by my school?

Thanks again.

[Hypnos 6,578]

If you are no longer attending school then you will be out of status from the date the grace period expires, as the school stated, unless you apply for and receive approval for OPT.

[Leo7777 243]

You have not given us a clear picture of your situation.

What do you mean you turned everything in Oct 2014? Are you saying you finished your degree program.

If you have finished your degree and are not currently enrolled; then you cannot be in legal status in USA just because your I-20 and F-1 have not expired.

You do have 60 days after completing a degree to leave the USA.

However, the simplist thing to do is file for AOS. Once you do that, you do not have to worry about leaving USA; at least up until the point that you might be denied AOS.

Have your husband file the AOS. Attorney or legal assistant is not necessary.

[Ian H. 207]

Do not worry too much about being out of status since you will enter a new period of authorized stay with the pending AOS. Additionally any unlawful presence accumulated, would be forgiven when the AOS is approved. As an F1 student, your I-94 should say D/S which means duration of status. When you are admitted under D/S, you cannot accrue unlawful presence until a formal finding is made either by DHS, an IJ, or the BIA.

Why has your attorney delayed submitting your paperwork? Attorneys are really not necessary in this process unless you have a criminal background or some other issue that can lead to a denial. They just make matters worse.

You should read up on the process here and learn how to submit the paperwork yourself. You will save yourself money and more frustrations in the long run. I have seen many people on here who use attorneys and they end up cleaning their mess.

You shouldn't spend money applying for OPT since you would get an EAD as part of the AOS process.

[lola0221 1]

Thank you so much for taking time to reply. I appreciate all the info that you guys provided.

And yes having a third party involved in this process made matters worse. I will start reading on how this works and will organize our packet immediately.

May the Almighty bless everyone in this forum. Thanks again

[Ian H. 207]

Just in case you haven't done so already, here is the link with info about what you need to adjust status.

http://www.visajourney.com/content/i130guide2

If you have any questions about any of the paperwork, you can always ask. Once you get used to the terminology and the paperwork involved, you will see that it isn't as intimidating as it may all seem at first and you will be glad that you don't shell out hundreds towards an incompetent attorney. Good luck.