Help! My OPT has expired and my AOS has not been filed yet

[Anny15]

Hi everyone,

I am hoping to find some answers here..My husband (US citizen) and I got married in a few months BEFORE my OPT expired...we have had a hard time saving for the money that has been needed to file the AOS with a lawyer. We have finally saved enough money to be able to do so, however I am worried that there will be a problem filing the AOS after my OPT has expired. Am I out of status?

Facts: My OPT expired in August (when I googled it, it said that there is a 60 day grace period and that an adjustment of status needs to be filed before 180 days has passed or you will be out of status) In my case that will be in february 2014. We are planning on sending the AOS in mid january when we have the $.

My question is:

Am I allowed to continue working or do I have to immediately stop working until the "new EAD" is approved once we have filed our AOS in mid-january? If I had to stop working 60 days after My OPT expired does that mean that I have not been allowed to work the weeks after the 60 day grace period?

What is my current status?

My 1-94 has not expired.


Any help is very much appreciated!

[marcovida77]

Help! My OPT has expired and my AOS has not been filed yet

So let me get this straight you have been working ????? So you have a EAD ???

[marcovida77]

Help! My OPT has expired and my AOS has not been filed yet

As long as you entered legally into the US and have not asked for any public funds and stayed out of trouble and yes file way before the 180 days you should be fine

[Anny15]

Thank you! I really appreciate it. I got an ead card with my ssc when I got my opt.

One last question: if my 180 days are up in mid February and we file feb 1st, is that way to last minute or is the most important thing that it is filed with an filing date?

Again, thank you very much!

- - - Updated - - -

Just wanted to add that filing feb 1st would mean that we are filing the AOS 20 days before the 180 day is up