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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Default Abandoning My Application for Residency and Applying for OPT Instead

    So a few weeks ago my husband who is a citizen, and I filed an application for permanent residency for me, and I completed finger printing and got a mail saying I need to go through the medical exam until they can review my case further. The thing is that I got accepted to a PhD program in Europe a year from now which means that we won't be staying in the US and instead want to start a life in Europe (where I'm from). Since I still haven't done the physical and it is expensive, and we do not plan on settling down in the US, I was wondering if I could possibly abandon my application for residency and instead apply for the OPT (I graduate in a month). Will the fact that I am under immigration proceedings affect my eligibility for the OPT? My husband still has another year here before he graduates so I want to use my OPT until he is done and we leave. Also, will the fact that I abandon my application affect if I can reapply in the future or enter the country in the future?

    I want to make sure to do everything right because I want to be able to get the OPT.

    How should I do this?

    Thank you!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Abandoning My Application for Residency and Applying for OPT Instead

    If I understand you correctly, you have already filed the I-485 and it has been received by the USCIS. Thus your status is no longer F1, but you're now an I-485 adjustee. Note also that filing an I-485 is an express declaration of intent to immigrate, and an F1 is issued contingent upon your lack of intention to immigrate, so the F1 really can't survive that declaration. It thus appears that you need to apply for EAD under your I-485 rather than trying to seek OPT under your (former) F1 status.

    Your college may have an academic advisor you can instruct you more specifically about the immigration issues in your case.

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