OPT expired, I-94 current, I-130 help

[maribuddy]

Hello everyone;

My husband (US citizen) and I (F1) are filing i-130 concurrently with AOS i-485.

My problem: My OPT expired a few days ago; I have 60-day "grace period" during which I am not out-of-status.

My question: On form i-130, Question 14, I have to write the date that authorized stay expired, will expire, as shown on i-94. What should I write?

1. D/S: duration of stay (literally the "date" stated on the I-94)
2. The date my opt expired? won't that make me look like I am out of status?
3. The date when my grace period ends?

Any suggestions or advise are welcome! Thank you in advance.

[VGJ]

Sorry, I'm not even sure what an OPT is, and I don't have the forms in front of me, but we recently filed an I-130/I-485/I-765 concurrently for my husband. (I'm the USC. He's here on a B2.) I don't specifically remember the question about duration of stay, but we would have used the I-94 to answer that question as we have no OPT. I don't see why you wouldn't do the same, even though you have whatever an OPT is.

You should probably get your forms in well before the end of your grace period, though, ultimately, it probably won't be an issue as you are filing a marriage-based AOS.

Good luck.

[hotelier73]

D/s

VGJ> Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study and is issued upto 12 months.

maribuddy> If your I-94 is annoted D/S, then you should mention D/S on form i-130. If there is any expiration date on your I-94 then mention that date.

[maribuddy]

hotelier- thank you for answering the OPT question.

There is no date mentioned on the I-94 at all, only D/S. My EAD states the date, which was 5/17. I will be submitting the whole package in the next ten days. I think I will write D/S and submit a copy of my EAD with the date on it.