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Goong

Pending I-485 and 90 days OPT unemployment

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Hello,

I am on OPT and my I-485 is in a pending status.  As I accumulated almost 90 days of unemployment under OPT, I am trying to terminate SEVIS before the 90 days of unemployment mark.  But somebody told me that it is okay to let it auto-terminate on the 90 days of unemployment mark since it won't affect the results of AOS application (although it can make my re-entry process to the U.S. more lengthy even after a green card is approved).  Is it true that SEVIS terminated due to exceeding 90 days of unemployment won't affect my AOS result?

Thank you

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Exceeding 90 days of unemployment on OPT will cause you to immediately lose OPT and lose F1 status. However, you do not have to maintain status while I-485 is pending, and losing status after I-485 is filed does not affect I-485, as long as you don't work illegally.

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On 6/12/2019 at 2:06 PM, newacct said:

Exceeding 90 days of unemployment on OPT will cause you to immediately lose OPT and lose F1 status. However, you do not have to maintain status while I-485 is pending, and losing status after I-485 is filed does not affect I-485, as long as you don't work illegally.

Thank you for your reply.  That's a relief!  Is there a chance that it would affect a pending I-485- based I-765 due to the auto-cancellation of my OPT EAD?  Someone told me that I would have to renew (?) it after going out of F-1 status but not sure that means.

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14 hours ago, Goong said:

Thank you for your reply.  That's a relief!  Is there a chance that it would affect a pending I-485- based I-765 due to the auto-cancellation of my OPT EAD?  Someone told me that I would have to renew (?) it after going out of F-1 status but not sure that means.

No. The AOS-based EAD is not dependent on your status.

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On 6/14/2019 at 2:11 PM, newacct said:

No. The AOS-based EAD is not dependent on your status.

Thank you again for your reply.  If you don't mind me asking one more question, I wondered if I need to ask the school manually terminate my F-1 in the SEVIS system due to a reason exceeding 90 days of unemployment.  Initially, I asked them to close it before the 90th day, but my DSO seemed to be not familiar with closing it for someone like me who has a pending AOS.  While waiting for them to act on it, the 90 days have just passed.   But as you said that exceeding 90 days should not negatively affect my AOS application, I am going to stop worrying about it.  But I wondered if I still need to ask the school manually terminate it.  Or would it auto-terminate my F-1 status/OPT in the SEVP system (I read some articles that the SEVP will start auto-terminate those exceeding 90 days, but I am not sure if they are really doing it)?  Thank you!!!

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