OPT Extention 120day rule AOS

[aos2011]

Hi,

I had pay stubs and employment on my initial F1 OPT.

I extended OPT to 17 month based on an employment offer but the offer did not materialize. I got the new OPT card and started looking for jobs but no luck.

I have crossed the cumulative 120 day period by 30 days (total 150 days). In the interim, I got married and my husband is on H1.

His EB based GC might be current in the next couple of months.

What are my options?

1) Am I already out of status?

2) If so, can I repair the situation? (by going on H4 for example?)

3) Will this extra 30 days be scrutinized during I485 based on my husband's GC?

4) If so how? On paper I am still employed by the company but since I didnt work, there are no paystubs. Would they ask for them?

Thanks much in advance for your responses.

[aos2011]

Originally posted by aos2011:

Hi,

I had pay stubs and employment on my initial F1 OPT.

I extended OPT to 17 month based on an employment offer but the offer did not materialize. I got the new OPT card and started looking for jobs but no luck.

I have crossed the cumulative 120 day period by 30 days (total 150 days). In the interim, I got married and my husband is on H1.

His EB based GC might be current in the next couple of months.

What are my options?

1) Am I already out of status?

2) If so, can I repair the situation? (by going on H4 for example?)

3) Will this extra 30 days be scrutinized during I485 based on my husband's GC?

4) If so how? On paper I am still employed by the company but since I didnt work, there are no paystubs. Would they ask for them?

Thanks much in advance for your responses.

Anyone has an answer/suggestion?

Thanks in advance

[yourstruly]

I am not an expert but fairly confident of my answers:

1) Am I already out of status?

Don't know. May be.

2) If so, can I repair the situation? (by going on H4 for example?)

Yes. Just go outside USA, like Canada, Mexico or India. If you come back with a new I-94, your out of status violation is automatically pardoned/forgotten and you start your immigration status fresh.

3) Will this extra 30 days be scrutinized during I485 based on my husband's GC?

Highly unlikely since its such a short period.

4) If so how? On paper I am still employed by the company but since I didnt work, there are no paystubs. Would they ask for them?

Unlikely.

Good luck.

[Belle]

Not sure if you are out of status, but if you are, you can't fix it by simply applying for H1 or green card. You will have to leave the country and re-enter.

I am going to recommend that you talk to a good immigration lawyer NOW.