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Immigration Issues/Applying to AOS during F1 grace period

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Question
My F1 OPT expires on 01/02/2007. I have applied for a COS to H4 (based on my husband's approved H1B visa) on 12/08/06. My husband has a pending I-140 petition (upgraded to premium processing) for the EB1-OR category.
1. If the petition gets approved, can I apply to AOS, even after the expiration of my OPT and before approval of H4?
I am worried specifically about filling I-485:
2. What will my status be after the expiration of my OPT? 3. Can I say is still F1 with an expiration date of 01/02/2007?
4. Do I need to explain that I am on a grace period and/or to attach the H4 application receipt?

Thank you in advance for your time.  

Answer
Hi,

If your husband's I-140 under EB1 category is approved, AOS for you and your husband can be filed together, even if your H-4 has not yet been approved by that time. You would attach H-4 receipt notice to the AOS application. (Actually, AOS could have been filed concurrently with the I-140 under EB1 category due to currently available visa in this category, but some people prefer to wait to file AOS until I-140 is approved).

You have 60-day grace period after OPT expires. If the H-4 has still not been approved during the grace period, you can continue to remain legally in the U.S. since the application to change status to H-4 was filed while you were maintaining F1 OPT status.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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