Published May 5, 2008
lenavar
1 Post
i grad in dez 2006 in fl, i get my license in feb. 2008 and i hold right now an f1 visa. i used my opt in 2007. actually i did several jobs application in my area, i really don't know what will be the process for filled up one application or petition, how long to get an approval of i-140? the next step will be i-485? can i get the ead soon as i apply for i-140, or only when i apply for an i-485? also what doc do i have to have when i filed for i-140?. i need some information, since each situation is unlike other.
thanks for each one that can help-me in this issue.
i really appreciate your time,
sincerely,
suzanne4, RN
26,410 Posts
Right now there are no visas available for you to adjust to. You may be able to find an employer that will start the process and submit the I-140 for you. But then you are up against a brick wall as the US government is not accepting the I-485 at this time. Graduating from a US school does not guarantee that one will be able to remain in the US and work at this time, just not the case any longer.
Are you actually enrolled in a program at this time? If not, your visa is expired. You have only 60 days after the last day of class to remain in the US, or when the OPT was completed. Do not rely just on the date of the I-20, but what it states on the I-94 that is in your passport and if it is D/S then you have overstayed a visa and cannot adjust at this time.
Unless you are currently enrolled in a program that meets the requirements to maintain the student visa, there is actually no way for you to remain here at this time.
Suggest that you speak with an immigration attorney as soon as possible about your case. Once the OPT was over, then ther was no way that you could work legally as the document that gave you approval to work expired and it is never renewed.