a
a a
15 de nov de 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
PUBLICIDAD
m
m t15 de nov de 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 a15 de nov de 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 nelly15 de nov de 2024
Did your spouse worked with the EAD? F1 gets canceled automatically if he already worked with the EAD.
L
L F15 de nov de 2024
if you worked already then forget f1
L
L F15 de nov de 2024
what Is you pd
a
a a15 de nov de 2024
no, still maintaining the F1 status, spouse never used the EAD
a
a a15 de nov de 2024
@L F PD is Nov 2022 ROW
S T15 de nov de 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 T16 de nov de 2024
@K K Renewing driving license using GCEAD doesn’t affect non-immigrant status including H4.
A
Artur D16 de nov de 2024
my lawyers advised against that (Chen immigration)
Jadneson Lafortune17 de nov de 2024
EZLH.........9AB code lawfull

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