FOR GUILLERMO I have a question for you about someone wanting to do AOS based on marriage to her LPR husband. I know the

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Customer: FOR GUILLERMOHello sir. I have a question for you about someone wanting to do AOS based on marriage to her LPR husband.I know the rule for this is that she has to have legal status at the time all of the paperwork is submitted. She came with a F1 student visa with D/S. She now is still legal status but I believe she has OPT now. I am not sure what that is, but I am thinking she still has legal status to do the filing now?Thank you very much.
Answered by Guillermo Senmartin in 56 mins 1 year ago
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Guillermo Senmartin
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Guillermo Senmartin, Expert

Welcome back and thank you for requesting me by name. OPT is Optional Practical Training. It is work experience usually after graduation as long as it is related to the field of study. If the person is maintaining OPT, working for a proper employer in a job related to their field of study, that also means they are still in F-1 student status.

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Customer
Ok so her current status is f1 and being that she is in legal status she now submit a AOS through her LPR husband
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Guillermo Senmartin, Expert

Yes, as long as she can prove that on the date the I-130 AND I-485 are filed, she was properly maintaining OPT status.

What else would you like to know?

Customer
how would she do that? I presume this is an additional document(s) that would need to be submitted with this particular AOS?
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Guillermo Senmartin, Expert

She should speak to her Designated School Officer (DSO) about that, and provide current paycheck stubs and a letter from her employer.

What other U.S. Immigration Law questions do you have for me?

Customer
That's it sir please open rating
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Guillermo Senmartin, Expert

You are very welcome. Let me know if you need anything else. It was a pleasure to work with you, and thank you for being a valued customer.

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