Immigrant Intent and OPT

[adinutzyc21 2]

I'm currently an F1 student until August 2014, and I am planning to apply for an OPT afterward. There's a period in which I can do that (90 days before completion and 60 days after) so I am planning to apply either after I get a job offer or by October this year, whichever comes first (hopefully the former).

I've also been selected for the DV, with a CN of EU 30,xxx..

I went to the International Students Office at my school and asked them about it, and they said that I should apply for an EAD based on my DV win, which is believe is completely erroneous information. I could guess they don't usually deal with this situation, so I can't really trust what they say.

Now, I was wondering a few things, and would appreciate if anyone who sees this who was either in a similar situation or is knowledgeable about it.

1. Do I need to demonstrate non-immigrant intent to get my OPT?
2. Would winning the DV (or even applying for it) qualify as immigrant intent?
3. Would filing form DS-260 qualify as immigrant intent?
4. Should I file the form DS-260 after my OPT is approved?
5. Does it even make sense to apply for work authorization when my CN number is somewhat high? Wouldn't that be automatically rejected?
6. Can I do AOS from OPT to GC? Anyone know how long that would take? (this should probably be its own separate topic)

I'll probably email the International Students Office at my school and clarify what the DV is and how it works with them in writing, because I assume they don't see a lot of situations like mine, but they probably have contacts that they could ask. In the meanwhile though, I'd appreciate your input!

Thanks!

[SusieQQQ 11,584]

I'm going to wait for someone with more experience to answer most of your questions, but I can tell you yes filing a DS260 shows immigrant intent. It is an application for an immigrant visa.

Bear in mind that even if you don't file it because you want to extend status using a non-immigrant category (I don't know if this is the case, this is just an if), and then file it later and do AOS it will be obvious (given you would have known you had won) you would be accused of misrepresentation, which would result in both a DV visa denial and revocation of any existing authorization to stay. Never, ever try to mislead USCIS on anything to do with your visa, visa applications etc - it's just not worth it.

[Gina_g 0]

1. Do I need to demonstrate non-immigrant intent to get my OPT?
2. Would winning the DV (or even applying for it) qualify as immigrant intent?
3. Would filing form DS-260 qualify as immigrant intent?
4. Should I file the form DS-260 after my OPT is approved?
5. Does it even make sense to apply for work authorization when my CN number is somewhat high? Wouldn't that be automatically rejected?
6. Can I do AOS from OPT to GC? Anyone know how long that would take? (this should probably be its own separate topic)

I was in a similar situation last year.

1. OPT (which is basically an extension of F1) is a non-immigrant visa. I was advised to apply for OPT first (before sending my forms to KCC).

2, 3. Filing for a green card BEFORE filing for OPT is a really bad idea as the latter may be denied (since you can no longer prove non-immigrant intent with a GC application pending).

4. I found out I had been selected for DV2014 on May 1 but I filed for OPT first (at the end of May; 90 days before my graduation date). My OPT was processed in about 3 months (I received the card at the end of July). I actually sent my forms to KCC at the end of February 2014, and that's because my husband's OPT expired in the meantime and he had to apply for F2 (which took another 3 months). My CN is very high (50xxx) though, so I didn't worry about sending my forms to KCC so late.

Since your CN is 30xxx, I think you are safe to apply for OPT first. My international adviser at the time advised against applying for OPT during the grace period. I'm not sure if you know this, but if you don't get a job within 3 months after graduation, your OPT will no longer ber valid and you'll have to leave the US. I think that waiting to get a job first and then apply for OPT is quite risky.

Your CN is decent and I'm inclined to think you'll get a green card, especially if you choose consular processing. I don't know much about AOS, but my attorney confirmed that it usually takes longer than CP. I do know, however, that you can opt for AOS when you're on OPT.

[adinutzyc21 2]

Since your CN is 30xxx, I think you are safe to apply for OPT first. My international adviser at the time advised against applying for OPT during the grace period. I'm not sure if you know this, but if you don't get a job within 3 months after graduation, your OPT will no longer be valid and you'll have to leave the US. I think that waiting to get a job first and then apply for OPT is quite risky.

Thank you so much for your reply!

I'm trying to understand the statement above. Why would applying for the OPT during the grace period be risky? The reason why I wanted to do that is because the cumulative unemployment period of 90 starts when you get the OPT, or am I wrong? If I am correct, then I get more days before finding the job that do not count toward the 90 days, whereas if I have the OPT when I graduate, I start accruing days immediately.

I guess the question is, if I have applied for an OPT during the grace period and the grace period expires, I might be considered illegal even if I'm getting the OPT? Is that the point you're trying to make?

Thanks!

[Gina_g 0]

Thank you so much for your reply!

I'm trying to understand the statement above. Why would applying for the OPT during the grace period be risky? The reason why I wanted to do that is because the cumulative unemployment period of 90 starts when you get the OPT, or am I wrong? If I am correct, then I get more days before finding the job that do not count toward the 90 days, whereas if I have the OPT when I graduate, I start accruing days immediately.

I guess the question is, if I have applied for an OPT during the grace period and the grace period expires, I might be considered illegal even if I'm getting the OPT? Is that the point you're trying to make?

Thanks!

Yes, the cumulative unemployment period starts when you receive the card. I wanted to apply for OPT during the grace period for the same reason as you but my international adviser at the time advised against it. She said that normally you are required to apply for post--completion OPT 90 days before your graduation date and not 2 months after graduation. She did clarify, however, that applying for OPT during the grace period is legal and as long as your OPT application is pending, you remain in legal status until your card arrives (So, even if your grace period expires, you'll be in legal status). My adviser also told me that the USCIS don't like it very much when people apply for post-completion OPT after graduation.

You'll need a job in order to keep your OPT for a full year. To get a a full-time job off campus, you need to graduate first. Finding that first job may be quite difficult, though it depends on your field and location. It might take a while, which is why having that OPT card on time (i.e., right after your graduate) is very important.

My adviser was against the idea of my application for OPT during the grace period, so I applied 90 days before my graduation. It all worked out in the end because I was actually offered a job at the beginning of June, shortly after I had applied for OPT. I was required to start at the new job in August, so my card came in the mail just in time. Since my job is in academia, I had some flexibility in that I knew when I would be expected to start my new job. I actually had to postpone signing the contract and filing the paperwork with Human Resources since I didn't have my work permit yet. If you get a job after graduation, your employer might not be willing to wait for you to start your OPT application. Some employers may want you to start working right after you graduate. USCIS expects you to comply with the 90 days in advance rule because they want you to have the OPT card at the moment of your graduation, which will ensure your smooth transitition into the work force.

Take everything I said here with a grain of salt. These are the things that MY international adviser told me. Perhaps you should contact an immigration attorney if your adviser isn't very helpful.

Edited May 8, 2014 by Gina_g

[Begum Sacak 0]

Hi, 

 

I am also in a similar situation. I am waiting for my OPT, but I found out about the lottery. I will submit the ds 260 after my OPT arrives. Do you think they will claim there is an immigration intent in this decision? Thank you so much.