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Sr wd
Feb 29, 2024
Extension of OPT or use AOS EAD?
Hi everyone, my initial 1 year OPT expires in May. I have a pending I-485 and my AOS EAD is approved. should I apply for my OPT extension or just use AOS EAD? any downside for either?
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Sr wdFeb 29, 2024
@m ali is it ok to extend the opt while having a pending i485?
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Sr wdFeb 29, 2024
@m ali I thought if you have a peding i485 it means you have immigration intention and not a non immigrant anymore. that’s why I was curious if still can use F1 status benefits
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K PFeb 29, 2024
my attorney said one does not cancel the other. f1 was recently ok’ed by USCIS to have immigration intent anyway
Smart JYFeb 29, 2024
I extended my OPT after filling I-485. I think it is safe to do that.
U JFeb 29, 2024
@K P Interesting information there! Can you please share the USCIS source that recently ok’ed F1 to have immigration intent? Thanks in anticipation.
U JFeb 29, 2024
@Sr wd I strongly suggest you timely consult an experienced immigration attorney to guide you on what is best to do at this juncture. Immigrarion law is kinda complex and confusing recently, especially for F1 status holders. Best.
U JFeb 29, 2024
@Sr wd You may also want to check out this link. Though some school of thought strongly oppose what the law firm is saying in the link. Best. https://immigrationvisaattorney.com/consequences-using-aos-ead-and-ap/
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Sr wdFeb 29, 2024
@Tim Id thanks for the helpful info. do you know qny good lawyer I can consult?
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Sr wdFeb 29, 2024
@Smart JY did you have ead approved? did it cause any trouble when filing for extension?
U JMar 1, 2024
@Sr wd You’re welcome You can try https://www.chenimmigrationreview.com/ Learnt they are good. However, you may need to do your own research about them and get convinced. Best.
Em Mar 2, 2024
@K P can you share the link where USCIS ok’ed F1 to have immigration intent?
Em Mar 5, 2024
@K P this is an ecerpt” For example, the guidance clarifies that F and M students must have a foreign residence that they do not intend to abandon, but that such students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay.” I am not an attorney but my interpretation is that F1 is still a non immigrant visa and USCIS acknowledges that one could benefit from PERM and other EB visas post graduation. Not perse “dual intent”. for example once your OPT expires and you do not have another visa with employment benefits, you cannot continue to work in the U.S. with your F1 visa

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