Can a F1 student select the start date of the OPT to be as late as possible

[DeepakChani 738]

Hello. I am on F1 Visa and Will be graduating in August. I had a question regarding OPT filing and how I can choose my start date of my OPT . I realize that in August, I will graduate and have 60 days beyond that to be in-status. Is it possible for me to choose a start date of the OPT on the 60th day of the 60 days? This way I can get more time to find a job and get an additional 90 days (90 day unemployment OPT rule) beyond the 60 days for a total of 150 days after graduation to be in-status? Is this possible? I want to extend the time looking for a job (planning for worst case).

[DrEllaNJ 288]

yes. But that way you can't start working until the 60th day after graduation. Your international office should be able to help you with this.

[DeepakChani 738]

2 minutes ago, DrEllaNJ said:

yes. But that way you can't start working until the 60th day after graduation. Your international office should be able to help you with this.

That is fine . Main reason is I plan to get married right after my graduation to a USC (bona fide marraige) and we need some time (150 days from f1 grace period and 90 day OPT unemployment rule) to file for AoS. I do not want to run into being out of status knowing we are in a Trump administration. What are your thoughts on this? WIll this be looked down upon by USCIS? 

[Boiler 45,499]

Marry now and adjust asap, problems solved.

[DrEllaNJ 288]

being out of status is forgiven for spouses of USC. Filing for OPT costs you about $400. If you ask me, if  you're already planning on getting married that's silly considering you'll spend about $2000 on AOS, and the cost of EAD is included in AOS. So if you don't have other pressing concerns that prevent you from getting married (at least legally) ASAP, getting married ASAP might be the best route to take.

[DeepakChani 738]

1 minute ago, Boiler said:

Marry now and adjust asap, problems solved.

I wish it was that easy. Being indian, we are getting a arranged marriage and we cannot cohabitate until I graduate since I am in Michigan and he is in California. Only after religious ceremony is held ( a week or two after my graduation), can I live with my USC spouse. I just want USCIS to understand the sitation that this is arranged marriage and that reason for me being in Michigan is to finish my studies and move to California after marriage. We plan to file for AoS  (concurrently) after the religious ceremony. Do you think this is the best route? 

[DrEllaNJ 288]

If you're not concerned about working ASAP after your marriage and are only filing OPT to remain in status (you're talking about 150 days of unemployment), you should skip the OPT altogether and just wait for filing for AOS immediately after the wedding (or at least as soon as you get your marriage certificate). I can understand why being out of status makes you feel vulnerable, but it's perfectly fine (as long as you don't travel abroad or start working illegally). You will probably even file within your 60-day grace period, which means that you're then still legally present and will be adjusting from a legal status.

I wouldn't be too keen on making USCIS understand this is an arranged marriage - I'm not saying it's not bona fide, but they may get that impression. You want to make sure they understand you're not marrying to get the GC benefit.

For the record, I didn't live with my spouse until our wedding either. I moved from a different state, right after our wedding, and USCIS never asked anything about that.

 

Edited February 14, 2017 by DrEllaNJ

[DeepakChani 738]

13 minutes ago, DrEllaNJ said:

If you're not concerned about working ASAP after your marriage and are only filing OPT to remain in status (you're talking about 150 days of unemployment), you should skip the OPT altogether and just wait for filing for AOS immediately after the wedding (or at least as soon as you get your marriage certificate). I can understand why being out of status makes you feel vulnerable, but it's perfectly fine (as long as you don't travel abroad or start working illegally). You will probably even file within your 60-day grace period, which means that you're then still legally present and will be adjusting from a legal status.

I wouldn't be too keen on making USCIS understand this is an arranged marriage - I'm not saying it's not bona fide, but they may get that impression. You want to make sure they understand you're not marrying to get the GC benefit.

For the record, I didn't live with my spouse until our wedding either. I moved from a different state, right after our wedding, and USCIS never asked anything about that.

 

Thanks for sharing your experience with me. I am brand new to all this so hearing your success story really helps bring confidence. In terms of AoS filing and all of that I am looking to hire a lawyer to handle all the different intricacies of the process. Did you guys use a lawyer? If so, what should I be aware of?  

[DrEllaNJ 288]

no lawyer, just follow this guide: http://www.visajourney.com/content/i130guide2

 

Just remember to include copies of your i-20 and visa+ entry stamps whenever it says i-94. You can start gathering documents and forms, although you should probably check for the newest versions of the forms closer to your filing date.

[KierenHby 899]

Are you on F1 or USC?  Please keep to one perspective; posts are confusing. 

 

[DeepakChani 738]

Just now, KierenHby said:

Are you on F1 or USC?  Please keep to one perspective; posts are confusing. 

 

Haha sorry about that. I am a USC but my spouse to be is a F1.She has access to this account as well and posts questions too. That is why it looks confusing.

[KierenHby 899]

As you'd notice others have too, please fill your timeline. Your timeline makes it easier for others to guide you knowing where yo are in the process.