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  1. #1
    Join Date
    Apr 2014
    Posts
    1

    Default Applying for OPT While an I-485 is Pending

    My wife and I live in the US on F-1 visas. My wife has recently applied for permanent residency through National Interest Waiver (NIW). She has submitted I-140 but not the adjustment of status (I-485). The reason for not submitting I-485 concurrently was our concern about my visa status. I am going to finish my study very soon and apply for OPT (she is already on OPT). We thought submitting I-485 might affect my OPT application. Is this true? Does submitting I-485 affect OPT application? I should mention that we have no plan to leave the US before we get our green cards.

    Thanks.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Applying for Opt While I-485 is Pending

    Quote Quoting mesagh
    View Post
    My wife and I live in the US on F-1 visas. My wife has recently applied for permanent residency through National Interest Waiver (NIW). She has submitted I-140 but not the adjustment of status (I-485). The reason for not submitting I-485 concurrently was our concern about my visa status. I am going to finish my study very soon and apply for OPT (she is already on OPT). We thought submitting I-485 might affect my OPT application. Is this true? Does submitting I-485 affect OPT application? I should mention that we have no plan to leave the US before we get our green cards.

    Thanks.
    Applied but not granted as yet? I hope you are working with a NIW experienced immigration attorney.

    A green card is not guaranteed. You need to be careful about making declarative statements that can be misconstrued as a potential intent to overstay if you are not successful in your pursuit of a green card.

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