My question is when will be your opt expiring, is it 12 month? Did you file for 17 month extension? If not do it You can file 130 as early as possible and in the mean time if you get a job who can file file h1b, then thats great if your wife becomes citizen, then you can make it void, and start new application if you get your priority date b4 she becomes citizen, then you can file 485 based on 130. My condition was same as yours , but my employer was willing to process 485 so I decided to take that route, I am in OPT but filed for 485 directly as I have 29 months of OPT and I am sure I will get one within that time period. good luck

nepallove · Oct 15, 2012 3:45 PM

Deported dude- I can answer ur question in much details, but to make it simple, yes you need to go to school.

meraj · Oct 15, 2012 5:07 PM

yes dude, you have to go back to school.

pdaddy · Oct 15, 2012 8:41 PM

Ho ra bhanya ...... Lastai bore vo ta yar....

Deported · Oct 16, 2012 8:15 AM

Ani friends kati manche le i130 ra i485 sangai bharna milcha bhanchan, is that true in my case? Or i have to wait?

Deported · Oct 16, 2012 8:24 AM

 Yes, you can file both I-130 and I-485 concurrently but you're going to need to maintain your status for a while. 

riddle · Oct 16, 2012 11:29 AM

can you leave usa and file both 130 and 485 together?

kasajuu · Oct 16, 2012 5:16 PM

yes u can from nepal, that one is the coolest, no tension in maintaining status, anything like joining college,

nepallove · Oct 16, 2012 5:41 PM

 @Deported: if your wife is a Green Card Holder (not yet a US Citizen) and is filling for you as spouse (immediate relative category), you will have to maintain your legal status as long as your application/file is in process. For this matter, which is to maintain status, you might have to back to school after your OPT expires. You can always check the processing time for such types of cases thru USCIS website to get an idea of how long it might take for your case to get approved. With your wife being a GC holder, you can only file I-130 first and when this gets approved, then can file for I-485, Application for Adjustment of Status (for Green Card). You can also file I-130 from Nepal but this takes longer and can come with some hassles for you. So, best to file it from the US. But again you to maintain a legal status while your file is in process. If your wife was a US Citizen, you could file I-130 and I-485 together  (as an immediate relative) Hope this helps! Good Luck!

SuperSixNine · Oct 18, 2012 11:59 AM