Adjustment of Status ... Need help and/or Advice

[rajaasa 0]

Hello, I am an F1 student who applied for OPT on October 2015 and after 110 days " which is unusual " I receive the denial decision due to the early applying. In fact when I checked my I20, the officer in the international office at school did not update my I20 end date which caused the opt denial. I emailed the school, and they apologized and wrote a letter stating that it is her fault and the end date issue is out of my control. When I checked the forms, I found out that i have to pay the $640 or something like that to reopen the case. After reading many cases online most of reopen cases ended by another denial.

In addition I got engaged on christmas day and two weeks later we got married.

we had a plan to work with my opt and save money for out new life. However, with the USCIS decision, I felt uncomfortable because I do not want to be out of status.

Would you suggest to file the reopen of the opt case or apply for permanent residency I-130 and I485 ?

I am totally confused. Can anyone Advice me?

[teeak 224]

If you file the I-130 and I-485, it will cost you about $420 + $1070. With this application, you'll be able to apply for an EAD/AP combo card with no extra cost. It takes about 3 months to receive the EAD/AP authorization.

It may be best to apply for an adjustment of status. If you try to re-open your OPT, that's an additional $640 since you would adjust your status sometime down the line anyways.

Going with the AOS route, you'd receive a work authorization in about 3 months and can automatically begin to work. With OPT, there's really no idea as to how long it'll take for them to make a decision.

Edited February 4, 2016 by teeak

[nymets 4]

@teeak.......This is a student who is talking about the OPT after completing the course in the USA and not about AOS for a green card....If i am getting the question right of the OP.....

[teeak 224]

In addition I got engaged on christmas day and two weeks later we got married.

we had a plan to work with my opt and save money for out new life. However, with the USCIS decision, I felt uncomfortable because I do not want to be out of status.

Would you suggest to file the reopen of the opt case or apply for permanent residency I-130 and I485 ?

I am totally confused. Can anyone Advice me?

OP got married and is asking for pros and cons related to either adjusting status or reopening their OPT petition.

Edited February 4, 2016 by teeak

[spring333 44]

If you are married to US citizen, just go ahead and send AOS packet. You will kinda be out of status but since you are married to USC it will be waved so I wouldn't worry about that. With AOS you will be able to work anywhere and you would not need OPT

[rajaasa 0]

Thank you for replying.... I was very worried about it.

While I am working on the I485 form I had problems filling in the form:

1. when they ask about the current status .. should I do F1? and for the expiration date should it be the school one right ? because on my I20 i have the end date for opt as well ..

2. on part 2 : application type? should it be other ?

[teeak 224]

1) Yes, F-1 Visa Holder. The expiration date should be on your visa foil in your passport.

2) Option A.

Filing an I-130 as a spouse of a USC means there is a visa immediately available to you, if approved.

Edited February 4, 2016 by teeak

[newacct 688]

Thank you for replying.... I was very worried about it.

While I am working on the I485 form I had problems filling in the form:

1. when they ask about the current status .. should I do F1? and for the expiration date should it be the school one right ? because on my I20 i have the end date for opt as well ..

2. on part 2 : application type? should it be other ?

1. The expiration date is the Admit Until date on your I-94, which should be "D/S".

Edited February 5, 2016 by newacct

[rajaasa 0]

1. The expiration date is the Admit Until date on your I-94, which should be "D/S".

Should I just write D/S or the actual date.

I am confused since my updated I20 has end of program and the opt duration on it.

[newacct 688]

Should I just write D/S or the actual date.

I am confused since my updated I20 has end of program and the opt duration on it.

Write "D/S".

[rajaasa 0]

Write "D/S".

Thank you so much