Immigration help

Archived from the original Sajha.com — preserved as posted, replies can no longer be added here.

Archived Post

Hey guys,                       I applied for permanent residency through marriage and I am under F1. My wife is a US citizen. Now, I have applied it should it matter for me to continue going to school until the petition has been approved. I am graduating in 2 months, and I am wondering whether I need to apply for OPT or not since I have already filed I-130 last week, and it probably going to take 4-6 months to get the approval letter. What status am I in right now before approval. Thank you.

kastochha · Mar 22, 2011 3:04 PM · 12,803 views

4 Replies

 Not a lawyer here, but common sense dictates that until your AoS is approved, yo should continue to operate as F1 and apply for OPT.  However, since you are married to a US citizen, the penalty of not doing so might be negligible.  Furthermore, until you get employment authorization or green card, how do you expect to work without OPT?  Hope this helps.

riten · Mar 23, 2011 9:11 AM

i think u can concurrently file i485 with it apply EAD and AP at same time should take you around 3 months to get EAD

Gohtalo · Mar 23, 2011 11:56 AM

 I'd apply for the OPT just to be on the safe side... 

Bidroh · Mar 23, 2011 12:00 PM

  Applying an I-130 or even having an approval of I-130 or I-485 doesn't give you any visa status in US. You have to sit for an interview and have to have your visa approval at the interview.

ritthe · Mar 23, 2011 12:37 PM

This conversation is preserved exactly as it was on the original Sajha.com and can't accept new replies.

Start a New Discussion

Immigration help

You might be interested in...