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a
a a
Nov 15, 2024
[F1 student] Does it make sense to apply for OPT with a pending I485?
hello, My spouse is on an F1 visa and graduating this December. I have an approved self petitioned I140, and my company applied for I485 for me and my spouse. we both have received EAD. I don’t trust the company lawyer filed the petition properly, and I think there is a chance for our AoS gets rejected. Do you think my spouse should apply for OPT? or is it going to be wasted effort and money? in other words, would rejecting our AoS void my spouse’s OPT? thanks
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m
m tNov 15, 2024
the general advice I have received is to not rely on I485 being approved and do whatever it is necessary to retain the original status. It will be more than likely ok, but I would apply for the OPT regardless.
a
a aNov 15, 2024
thanks @m t my concern is rejecting our AoS would terminate any non immigrant status including OPT. that makes OPT useless in that scenario as well
helen helenNov 15, 2024
Did your spouse worked with the EAD? F1 gets canceled automatically if he already worked with the EAD.
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L FNov 15, 2024
if you worked already then forget f1
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L FNov 15, 2024
what Is you pd
a
a aNov 15, 2024
no, still maintaining the F1 status, spouse never used the EAD
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a aNov 15, 2024
@L F PD is Nov 2022 ROW
S TNov 15, 2024
@a a even if your AOS is denied, it will not affect your spouse’s F1 and OPT tied to it. The problem arises when people use GC EAD, they are no longer on visa and if their I485 is denied, they lose their legal status.
S TNov 16, 2024
@K K Renewing driving license using GCEAD doesn’t affect non-immigrant status including H4.
A
Artur DNov 16, 2024
my lawyers advised against that (Chen immigration)
Jadneson LafortuneNov 17, 2024
EZLH.........9AB code lawfull

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