Q: Is this considered an overstay?
I am married to the U.S. citizen and applied for adjustment of status 3 weeks ago. I am currently an F1 student on OPT, looking for a job. In the end of August it will be 90 days after my OPT started and I worry that I won't find a job by that time (so my OPT will expire). Will it be considered an overstay, if I won't find a job in my major on time? What is my status right now, after we got a notice of action?
A: So long as you are an applicant for adjustment of status (with a pending case), you are not considered as accruing time in unlawful presence. Moreover, overstay and status violations can be forgiven (without a waiver) in adjustment of status cases rooted in a petition for relative filed by a U.S. Citizen Spouse. For a more detailed response, perhaps consider scheduling a consultation with a competent immigration attorney. Many attorneys, like myself, offer online Skype or telephone consultations for individuals not residing locally.
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