Oyster Creek, TX Immigration Law Firms & Lawyers

Immediately upon filing of an Adjustment of Status based upon marriage to a U.S. citizen, your status will become "Applicant for Permanent Residence" and you lawfully may remain present in the U.S. That will be true regardless of whether the application is filed before or after your current OPT expires. The USCIS will issue an Employment Authorization Document ("EAD" or "work permit") within 60-90 days of filing, authorizing employment while your Adjustment of Status application remains pending. Filing an application to extend F1/OPT, and the timing of the filing, can presents complications, since that status is only for people who intend to remain temporarily in the U.S. for the purposes contemplated in the OPT application, and then depart. (This same complication does not exist for someone with an H1B application, since that type of visa recognizes "dual intent" - i.e. an intention to remain temporarily in compliance with the H1B and also an intention to remain permanently if that person becomes eligible to do so.) Both for achieving your long-term goals and for eliminating or minimizing any gap in your authorization for employment, it would be wise to engage an immigration attorney to learn all of the relevant details about your goals, your immigration-related history, your job, etc. in order to advise you about eligibilities, options and strategies.

Your status in the US terminated as of the date listed on your I-94 card, not the visa. So you are currently out of status. You need to leave the US in order to obtain H-4 status. You will do this at the US consulate in your home country. Because you are a minor, they probably will not penalize you for the overstay but I do recommend that you leave quickly. Also because you overstayed, technically your B-2 visa is cancelled under 222g. You are not supposed to use it again and it is very unlikely that DHS will let you in on it, given your overstay on this trip.

She could try to get a visitor visa, but if that doesn't work, you can marry her abroad, and then start the visa process by filing an I-130 visa petition. Alternatively, you could wait to marry, and sponsor her for a K-1 fiance visa.