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I485: EAD expired

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  • I485: EAD expired

    Hello everyone. Thanks for helping. My EAD expired February 2018 and my F1 VISA is not expired until 2021 but I think my latest I20 might be expired. I am assuming that I overstayed since February because I am supposed to leave the country within 2 months of completing the OPT. I just recently married a US citizen, who I've been living with for the past 1.5 years and I'm confused with a few questions. Do I really need a lawyer for all of this?

    23c) Status on Form I-94 (for example, class of admission, or paroled, if paroled)
    overstay?

    24) What is your current immigration status (if it has changed since your arrival)?
    not sure?

    Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)?
    Yes because I have overstayed since February?

    And if I want to add an additional address do I just fill out the page number (3a), part number (3b) and the large text block (3d) with the entire address or should I fill out each part of the address individually?

    Thank you so much!

  • #2
    Originally posted by ohwhyme View Post
    Hello everyone. Thanks for helping. My EAD expired February 2018 and my F1 VISA is not expired until 2021 but I think my latest I20 might be expired. I am assuming that I overstayed since February because I am supposed to leave the country within 2 months of completing the OPT. I just recently married a US citizen, who I've been living with for the past 1.5 years and I'm confused with a few questions. Do I really need a lawyer for all of this?

    23c) Status on Form I-94 (for example, class of admission, or paroled, if paroled)
    overstay?
    F-1. That's what it should say on your I-94.

    Originally posted by ohwhyme View Post
    24) What is your current immigration status (if it has changed since your arrival)?
    not sure?
    You can put something like "F-1 (out of status)".

    Make sure to also say Yes to Part 8 #17; you simply need to factually state that your OPT ended on so-and-so date, and you did not leave when your grace period ended 60 days after that and so you became out of status. You don't need to provide any further explanation.

    Originally posted by ohwhyme View Post
    Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)?
    Yes because I have overstayed since February?
    NO. 245(i) is for people who were the beneficiary of a petition filed before 2001. You do not qualify for 245(i), nor do you need it. You are already eligible for Adjustment of Status directly, regardless of how long you may have overstayed. Being out of status is not relevant for AOS in your category.

    Originally posted by ohwhyme View Post
    And if I want to add an additional address do I just fill out the page number (3a), part number (3b) and the large text block (3d) with the entire address or should I fill out each part of the address individually?
    Put the entire address.

    This is my personal opinion and is not to be construed as legal advice.

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