昨天发了几个帖子关于 "EAD 如果申请了，没有用算不算 out of status”。以下是一些 updates:
我在 Univ Of Aransas 网站上看到：
http://iss.uark.edu/images/OPT_2005.ppt
..."While not being able to find a job during the OPT period does not make you “out of status,” it is in your best interests to keep evidence that you have been “seeking employment” ....."
但是无论如何，现在 USCIS 就是要据我太太的 485 说她曾经有一年 out of status, 因为在 OPT 期间没工作。（简直是欺负人)
以下是我的律师的回答：
The situation is that the law does state that Duration of Status for an F-1 consists of the time a student is “pursuing a full course of study” or “engaging in authorized practical training.” The interesting thing is that based upon all the reading that I did last night, there is no record of USCIS every truly stating that a person is “out of status” if they do not find work on OPT. As a matter of fact, that is the understanding of NAFSA, the Association of International Educators. NAFSA are the folks who provide guidance to all of the international student programs at U.S. colleges and universities. Based upon this “understanding” with USCIS, NAFSA advices its members to advice its students that not working on OPT is not being “out of status” but that they should keep evidence of looking for jobs while on OPT. That is precisely why I asked you about her efforts and that is also precisely the reason why you found what you found on the University of Arkansas site.
What we have here is a situation where the law states one thing but in practice it has been done a different way – and now, USCIS is singling her out and deciding that it wants to enforce the law a different way. The fact that her H-4 was approved without ever asking for proof of work and pay statements shows that USCIS has never really cared whether the OPT worked or not. It is very unlucky for her that they are making an issue out of it.