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kapilptl

F2A Category Married working on OPT

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I am Indian, Married to Permanent Resident in November-2016 and with pending I-130 approval status. I want to get 24 months of OPT extension which is considered as Non-immigrant visa while I am on pending I-130. 

Will I have to cancel my I-130 and file again to get OPT extension ? Can my spouse again file I-130 for me If she cancel right now until i get 24 months of  OPT extension ?

 

Please Advise

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Moved from What Visa Do I Need - Family Based Immigration forum to Work Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Cancelling the I-130 does not unring the bell.  What is done is done.  Cancelling the I-130 does not remove it from the US Government's database.  If you cancel the I-130 and apply for OPT, the US Government will still know that your wife filed the I-130 and cancelled it.

 

Apply for OPT and continue with the I-130.  If OPT is denied, then leave the US within 30 days to preserve your I-130.  If you fail to leave the US within 30 days if your OPT is denied, then you will blow your chance to immigrate to the US.

 

 

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