Sr wd
29 de feb de 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?
PUBLICIDAD
Sr wd29 de feb de 2024
@m ali is it ok to extend the opt while having a pending i485?
Sr wd29 de feb de 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
K P29 de feb de 2024
my attorney said one does not cancel the other. f1 was recently ok’ed by USCIS to have immigration intent anyway
Smart JY29 de feb de 2024
I extended my OPT after filling I-485. I think it is safe to do that.
Timothy Idowu29 de feb de 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.
Timothy Idowu29 de feb de 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.
Timothy Idowu29 de feb de 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/
Sr wd29 de feb de 2024
@Tim Id thanks for the helpful info. do you know qny good lawyer I can consult?
Sr wd29 de feb de 2024
@Smart JY did you have ead approved? did it cause any trouble when filing for extension?
Timothy Idowu1 de mar de 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 2 de mar de 2024
@K P can you share the link where USCIS ok’ed F1 to have immigration intent?
Em 5 de mar de 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
