Expiring OPT

[kremechoco 0]

My husband and I got married 3 weeks ago. We're close to filing for his i-130. However, my concern is that his OPT expires in May. We spoke with a lawyer (for general advice) and he told us that as long as we file before May, we're good.

However, I am concerned due to the processing times. Because they take months to get a word back, how would this work out for him? Of course, he's filing for work authorization once more along with the i-130. Additionally, his license expires in June, so how can we show proof to the DMV?

[f f 725]

I am assuming you are filing for i130 and i485 concurrently? since you need the i485 to be able to apply for work authorization. even if you file today if work authorization does not arrive before his opt expires he can no longer work. even though he was working there previously and has a pending work authorization application. you may be able to expedite but biometrics still needs to be done before they give will approve it.

 

apply for it now so there is a chance he might not have to skip work. work authorization is good enough proof for dmv.

 

good luck

Edited April 4, 2017 by f f

[kremechoco 0]

6 hours ago, f f said:

I am assuming you are filing for i130 and i485 concurrently? since you need the i485 to be able to apply for work authorization. even if you file today if work authorization does not arrive before his opt expires he can no longer work. even though he was working there previously and has a pending work authorization application. you may be able to expedite but biometrics still needs to be done before they give will approve it.

 

apply for it now so there is a chance he might not have to skip work. work authorization is good enough proof for dmv.

 

good luck

Apply for the i-765 alone, you mean? Would they even approve it?

[f f 725]

nope

 

the i765 gives work authorization.

the i485 is needed for the i765

the i130 is needed for the i485

[kremechoco 0]

1 hour ago, f f said:

nope

 

the i765 gives work authorization.

the i485 is needed for the i765

the i130 is needed for the i485

Oh I see what you mean. Unfortunately I can't. I haven't gotten the marriage certificate yet and they said it will be ready in 2 weeks to pick up a copy.

 

So I'm assuming that there will be the likely chance he is going to be unauthorized to work.

 

Another question. Since he's gotten his OPT, he's been employed at a job that is related to his field of study. He's also been employed as a waiter as a 2nd job (he filed his taxes). If his OPT does expire and we have to wait until it's approved, will they find out he's
1. been working as a waiter to which he'll be denied?
and 
2. if he does keep at least being a waiter after his OPT expires, will they see this and deny him?

[f f 725]

you can file without it. they will then give you an rfe asking for it in a few months and you have 3 months to respond to the rfe so plenty of time.

I would advise him to comply with the terms of the opt and atop working jobs he is not allowed to work. they will find out when tax returns are asked for and uscis does talk to the irs.

he is not allowed to work as a waiter now so how could it be less worse if he works as a waiter after his work authorization expires. yes they will see it, he will tell them when he fills in the g325a it asks for where he has worked for the last 5 years.and lying is far worse than admitting working.

do not try and hide anything from them, if they found you lied they can take away any immigration benfit you have gotten since then, I.e. they prove he lied on this form 10 years from now they can take his green card.

[kremechoco 0]

19 minutes ago, f f said:

you can file without it. they will then give you an rfe asking for it in a few months and you have 3 months to respond to the rfe so plenty of time.

I would advise him to comply with the terms of the opt and atop working jobs he is not allowed to work. they will find out when tax returns are asked for and uscis does talk to the irs.

he is not allowed to work as a waiter now so how could it be less worse if he works as a waiter after his work authorization expires. yes they will see it, he will tell them when he fills in the g325a it asks for where he has worked for the last 5 years.and lying is far worse than admitting working.

do not try and hide anything from them, if they found you lied they can take away any immigration benfit you have gotten since then, I.e. they prove he lied on this form 10 years from now they can take his green card.

Yeah I was afraid of that. He did file his taxes and all.

 

In terms of the extremity of it being worse, when they do find this out, would they really give him a break and approve it? I have always felt it's a hard line or approve or deny.

 

What is the best solution here? Should he quit immediately or is the damage done? Also you did state it's "less worse" after his opt expires. So would you mean it's still considered bad after it's expired?

[f f 725]

you want to be able to demonstrate that you realized it was wrong and you are making your best effort to stop doing what you now know to be illegal and to be open and honest with uscis.

you want to show uscis that you are trying yuri best to follow the laws of the usa. minor things like this are usually forgiven and coming clean about it will make it even easier to forgive for them. since he has filed taxes before with it he should continue to file taxes for how long he worked there since paying taxes on income he earned even if not allowed is still better than trying to hide it from the irs.

 

good luck