Mo Gabry
Aug 11, 2024
OPT while AOS in processing
I have approved I140 EB2 NIW living in US with F1 visa,I have sent my papers to USCIS to apply for employment based AOS package I485, I765 ,I will graduate from PhD Eng. Can I apply for OPT?
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T. G.Aug 11, 2024
yes, you can apply for OPT.
Y TAug 11, 2024
what do you need the opt for when you have applied for i765?
Roland GRAug 11, 2024
you already changed your status, you are not F1 anymore
No imageAug 11, 2024
my lawyer suggested not to apply since it may violate opt rule, but I have seen multiple people who applied and got opt
optima humanasAug 12, 2024
I applied STEM OPT on 7/16 and applied AOS on 7/19 with the same lawyers. I already got my STEM OPT. applying for OPT will be considered maintaining status by USCIS. Go ahead and apply for it as AOS EAD can take forever to be approved. Don’t be out of work for no reason.
I also had an approved H1B petition. none of those (H1B and AOS) affected my STEM OPT application.
Mo GabryAug 14, 2024
@optima humanas Thanks for your help, but you applied OPT before AOS , Can you apply for OPT After AOS???
my AOS paper is already sent
optima humanasAug 14, 2024
Yes. It is considered maintaining status. there is USCIS guidance on that I will link it when I find it.
optima humanasAug 14, 2024
Remember for you to do AOS if you are not a souse of a US Citizen you should have maintained lawful status till the time they are adjudicating your case
optima humanasAug 14, 2024
