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Adjust Status from OPT - F1 with a new employment

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Filed: AOS (pnd) Country: Vietnam

Hi everyone,

I am finding myself being in a difficult situation. I am currently on the OPT extension part of my F-1 visa and am getting married next week to my boyfriend of 2 years who is a US citizen. If so, my case would be adjusting status from F-visa (?)

My background:

- Graduated from a U.S. institution with a B.S. in Math and Econ

- Have been in the U.S. for 7 years (cumulatively ) and considered a non-alien for tax purposes for the last 2 tax years

- Working as a Math teacher ( directly related to my Math major - as bounded by the OPT )

I was recently offered a much better paying job that I would love to accept. The job's title is 'Financial Disclosure Administrator'. Though I am worried that if I accept this job offer, whose title does not sound much related to my Economics major, I will violate my F-1 status.

The new company wants me to start May 3, 2010. My current EAD is valid until June 20, 2010. We plan to file our documents as soon as we get married, which is April 25th at the latest.

My questions:

- Would working this new job violate my F-1 status ?

- Once my fiance files the I-130, does it mean that my EAD is automatically voided ?

- Assume that the answer to the previous question was a 'no', and if I can continue working on my EAD until June 20 while my application is pending. Can I continue my employment after June 20 if my application is still pending ?

Thank you very much for your inputs.


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Filed: IR-1/CR-1 Visa Country: China

I thought the OPT portion was tied to the ONE EMPLOYER that is sponsering the OPT, itself?

You might want to check the OPT limitations on YOU, see if you have '2 year stay in Vietnam' requirement when OPT is finished.

I'd forget the new job offer, for now. Seriously.

In other news - I'm not even sure if you can adjust status (because of marriage to USC) whilst on OPT. You might want to engage with an immigration attorney for 2 hours of 'review' . Don't have him/her fill out forms, yet - just 2 hours of advice and consulation about your particular situation. Some foreigners can do it, others cannot - there are too many variables involved, which a great immigration attorney can evaluate for you within that 2 hours o consulation time..

Good Luck !

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Filed: Lift. Cond. (apr) Country: India

The OPT job has to be something related to your major in college or one that you can successfully defend as "optional practical training" in your discipline. I'd check with your International Programs Office regarding this. I too had a great job offer after graduation but unfortunately it wasn't directly related to my field of major, so my International Director advised me not to take it. I didn't want to take any chances, so I declined it with a heavy heart.

You CAN adjust your status based on marriage to a USC whilst on OPT, from what I understand. I too could've done the same thing except we made the decision to go via the CR-1 route.

Your OPT EAD will be voided and you will get a new free one based on your AOS application which will have no such restrictions.

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony


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