F1 student graduating soon, should I apply for OPT or green card? Many thanks!

[vicher37 0]

Hi all,

I am currently an F1 student, graduating from grad school this May. My husband and I married in Oct 2015. He is a U.S. citizen. We are preparing my green card application, but I'm not sure if I should apply for OPT first. Specifically my questions are:

1) Is OPT void after filing I485 anyway? I thought OPT would be a safer temporary alternative because even if there's any problem with I 485 I can still stay in the country legally until my OPT expires. Is that so? Is OPT still valid if your I485 fails?

2) If I file for OPT first, but immediately file for I485 after I get OPT EAD, will USCIS think of OPT as a reinstatement of F1 thus I don't have the right to file I485 shortly after OPT starts?

Thank you all very much! Have a great weekend.

Vicky

[Hypnos 6,576]

1) Your F-1 OPT status will remain intact, provided you don't exercise any benefits under your pending I-485 (so work using your C-9 EAD derived from your I-485; travel and re-enter on AP, etc.).

[vicher37 0]

1) Your F-1 OPT status will remain intact, provided you don't exercise any benefits under your pending I-485 (so work using your C-9 EAD derived from your I-485; travel and re-enter on AP, etc.).

Thank you so much for the reply!

Any specific suggestion whether I should apply for OPT or green card now? I'm about 3 months away from graduation and should need work authorization in about 4 months time. OPT on average takes about 3 months. I'm just worried if EAD would be able to come within 3 month, which theoretically should.

[Hypnos 6,576]

USCIS policies require an EAD application based on a pending I-485 to be adjudicated within 90 days.

If you know you want to stay in the US and are otherwise eligible then I would suggest a green card. It's really the best long-term solution for people in your position.

[vicher37 0]

USCIS policies require an EAD application based on a pending I-485 to be adjudicated within 90 days.

If you know you want to stay in the US and are otherwise eligible then I would suggest a green card. It's really the best long-term solution for people in your position.

Great, thank you so much!

[newacct 688]

EAD for OPT costs several hundred dollars, and you are under the restrictions that you can only work in your major, and cannot accumulate 90 days of unemployment or you lose OPT.

EAD on the basis of AOS is free and has no restrictions (you can work or not work as much as you want).

Take your pick.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[jeffkino 0]

Don't really have any answers for you,, but my fiancé , soon to be wife just started OPT last month,, so for myself have to figure out what to do ,, since its not crystal clear to me yet what to do since she is already legally in the USA,, and can stay for about 1 more year.. I know normally the foreign citizen would go to the consulate in their country ,, but trying to figure out if,, which I think we can,, we can just go to the federal building in my state,, which is only about 4 miles from where we live. Vs. her having to go to Tokyo.

The other year my neighbor went through the process for his wife,, but his situation was different since she is from a poor country, a communist country on top of it and she was not living in the US already.. which it took 2 years before she was allowed to come and the first verdict was that she was denied ,, and he was going to give up,, but I told him fight the decision,, and they reversed it.. and a couple days after Christmas they had a baby girl,, so good for them..

things seem fairly straight forward for certain situations ,, lots of paperwork , but doable .. For our specific situation I will try find the answers ,, but if I cant,, I may hire a lawyer to just answer certain questions and do most of it myself.. I could afford to have a lawyer do it all,, but just seems like a waste of money,, since its basically filling in the blanks and providing background and financial information,, which I would have to provide a lawyer anyway..

But anyway,, good luck with your particular situation

[DavidnThao 24]

Hi there,

I was in the same situation. I graduated last year in May and and was wondering if I should apply for OPT. I married my hubby in March, sent out my AOS application in April, and by the beginning of June, my EAD was approved, and i basically went to work after 3 weeks (I had to apply for ssn). Personally, I would suggest you wait for EAD instead of applying for OPT.

[vicher37 0]

Hi there,

I was in the same situation. I graduated last year in May and and was wondering if I should apply for OPT. I married my hubby in March, sent out my AOS application in April, and by the beginning of June, my EAD was approved, and i basically went to work after 3 weeks (I had to apply for ssn). Personally, I would suggest you wait for EAD instead of applying for OPT.

Thank you I do decide to go the EAD route now