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  • Need help. Urgent!!!!

    I got F1 visa since 2005. I went back to see my family and came to the US in Dec. 2007 with the new F1 visa based on the new I-20 since I was out of state over 5 months. I just finished my degree in Mar.2008 and am about to change my status based on marriage. My F1 visa is still valid until Aug.2008. I am collecting the necessary documents to do my I-485, so I want to keep my status legally when I am still in the US. Therefore, I decide to get a new I-20. First of, everything was okay, the school even accepted to give me a new I-20. Then I got an email from the International service of school saying that they checked my status thru SEVIS and had known as "the I-20 is auto-completed in Nov.14,2007". At that time, I was in my country and just came back to school in Dec. 2007 with the current I-20 and F1 visa. I don't know what " I-20 is auto-completed" mean, but it should be mistaken somewhere since I got back with the certified notice from the immigrant officer at the airport. Anyone please help me out with the answer for my queries. Thanks a lot.
    Btw, my I-20, I-94 has stamped for certify with the F1 D/S.
    Thank you very much for any response.

  • #2
    still waiting for the response. Anyone can help ?

    Comment


    • #3
      If you finish your degree, did you not apply for an OPT on F1? This could have bought some time for you.

      Is your adjustment of status through marriage to a US Citizen?

      If yes, then even if you are out of status by not attending any school, you should be able to get a GC as long as you entered the U.S. legally after CBP inspection, which you did.

      File I-130/I-485 and don't worry about maintaining status. Consult an attorney as well if you like. I could be wrong.
      Check out H1 FAQs first!
      http://www.immihelp.com/visas/h1b/h1-visa-faq.html

      Comment


      • #4
        Thanks for your response. Actually I applied for the OPT before with my first degree in 2003, so after a year I had to get back to school in 2005 to be legally staying here. Therefore, I cannot apply for the OPT anymore.

        I still have a little confusing. I entered the US via the Dulles airport in December 13,2007, but seemly the SEVIS system was messing my file so I was out of status since November 16, 2007. I graduated in Mar 8, 2008. If I dont go to school to study anymore, is it still legal stay in the US for me to continue filling the forms I-130/I-485 concurrently ? Based on the day in November 16,2007 I am out of status over 180 days. I am married to a US citizen, by the way.
        Last edited by queeniebake; 06-09-2008, 08:22 PM.

        Comment


        • #5
          Since you are married, what are you waiting for?

          Apply for a I-130/I-485/others. Get help from a lawyer.

          As long as you entered the U.S. legally (e.g. not crossing the border illegally) and the CBP gave you admission on the U.S land after inspection, I think you are good.

          I would consult an attorney.
          Check out H1 FAQs first!
          http://www.immihelp.com/visas/h1b/h1-visa-faq.html

          Comment


          • #6
            Thank you. I definitely take your advice of consulting a lawyer.

            Comment


            • #7
              DMX17, do you know any good immigrantion attorney around Fairfax, Virginia? I need someone that has experiences to handle tough cases and is willing to fight for the case to get approved. Please help me out. Thank you very much.

              Originally posted by DMX17
              Since you are married, what are you waiting for?

              Apply for a I-130/I-485/others. Get help from a lawyer.

              As long as you entered the U.S. legally (e.g. not crossing the border illegally) and the CBP gave you admission on the U.S land after inspection, I think you are good.

              I would consult an attorney.

              Comment


              • #8
                Look up on AILA website. The firms registered with them are supposedly decent. You can also grab a list of yellow pages and call a few of them for free consultation before you hire them.

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment


                • #9
                  I don't know what you mean by fight for the case. I think there is not much to fight. This, to me, seems like a straigh-forward case and I am sure any decent attorney can do it for you.
                  Check out H1 FAQs first!
                  http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                  Comment


                  • #10
                    Read the complication here.



                    OP entered on F1 saying unmarried during the visa process while she was married. Now, if the conflict now is unearthed, it could possibly categorized as misrepresentation and lying.

                    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                    Comment

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