urgent question please help if you know the answer

[leena284]

I had F1 visa and graduated on May 2015 as a PhD holder in physics. I did not apply for OPT because I have I-130 petition through my father. On December 2014 I called the uscis to ask about me application they told me to file for adjustment of status and EAD. I got EAD on April 2014 and had interview on July 1 2015 and they told me that my priority date is not current and I still to wait three more years. And just last week they sent a letter about I-485 denial and that I should leave the country because I finished school. So because of uscis mistake I missed applying for OPT.
What should I do and what can I do in this month get a status before I become out of status?
If I find a job can I apply for h1b through my job?
Please help,,

[MrCool]

OPT & Unemployment

Students on the first 12 months of post-completion OPT authorization may not be unemployed for more than 90 days total; students in STEM disciplines authorized for an additional 17 month extension may not be unemployed for more than 120 days during the total 29 month OPT period. This is aggregate, meaning that if you accrue 40 days of unemployment, you would only be allowed to be unemployed for a remaining 50 days before you risk violating your immigration status.

Whether you are out of status depends on the date of graduation. If you graduated on May 15 for instance then your 90 day unemployment grace period is passed and you are now out of status according to USCIS. This will negatively affect your future applications with USCIS. It will be better for you to leave.

How can I avoid exceeding the 90 day unemployment rule?

While on OPT, engage in activities, paid or unpaid, in your field of study for at least 20 hours per week.

USCIS has a broad definition of what constitutes as employment which includes the following:

Standard employment
Paid or unpaid* internships
Working for multiple employers.
Short-term multiple employers
Work for hire (service on a contractual basis)
Self-employed business owner.
Employment through an agency or consulting firm.
Volunteering*

Be sure to keep good documentation of all your employment (e.g., job offer letter, volunteer confirmation letter, supervisor letter, etc.) as proof that you have not exceeded the 90 day unemployment rule.

* While students may engage in volunteer work and unpaid internships while on OPT, they must still be in compliance with the Department of Homeland Security and Department of Labor laws.

What happens if I exceed 90 days of unemployment?

The Department of Homeland Security (DHS) has not yet clarified the consequences of exceeding the unemployment limits, but it may include loss of immigration status or ineligibility for future immigration benefits (such as a change of status to H1B), or denial of a future visa application. We do know that immigration services is currently checking employment data in SEVIS and there is some indication that students' immigration records may be terminated if they are not reporting their employment to Immigration.

The best advice is to engage in activities outlined above and keep good documentation of your employment.

If you are in your OPT and will soon exceed the 90 days of unemployment and you have no plans to work, volunteer, or intern in your field, then you should speak with an advisor to discuss your situation.