Apply for OPT while I-485 is processing

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verra

Registered Users (C)
Hi all,

I am an F1 student, married to an US citizen. I have filed my paperwork back in September (concurrent I-485 and I-130) and am still waiting for any progress. I expect to graduate by Mai this year, I am worried about the processing time as the USCIS, and was thinking to apply for OPT to bridge any gap.

Is it acceptable to apply for OPT while being almost 5 months into green card application? OPT would take about 3 months as well..
Does anyone know more about the processing times in OKC, there haven't been any processing time updates since December as far as I can see?

Thanks!
 
As an I-485 applicant, you can apply for an EAD (with I-765) and Advance Parole (with I-131) for free. You should have applied when you filed your I-485. If not, you can apply now. It's strictly better than the EAD from OPT, since it's free and has no restrictions.
 
Applying for OPT EAD with a pending I-485 is a waste of money. Use a copy of the I-485 receipt to apply for an EAD based on your green card process. Also apply for Advance Parole (form I-131), because once you applied for the I-485 your student visa is now useless for reentering the US after foreign travel. Both the AP and EAD are free when associated with an I-485 (except if the I-485 was filed before the summer 2007 fee restructuring, but that obviously isn't the case with you).
 
Hi!

Thanks for the information.

I was not aware that I forfeited my F-1 by applying for a green card. I recently traveled to Europe and back without a problem? Did I get lucky?

Thanks again!
 
verra said:
Hi!

Thanks for the information.

I was not aware that I forfeited my F-1 by applying for a green card. I recently traveled to Europe and back without a problem? Did I get lucky?

Thanks again!
Click to expand...

You did not "forfeit your F-1". But when entering on an F-1 visa, you are required to show that you have no intent to immigrate while in the U.S. You clearly have intent to immigrate at this point, so you cannot enter on F-1, so the visa is useless.

Plus, while your I-485 is pending, if you leave the U.S. without H or L status, or Advance Parole, your I-485 is automatically abandoned.
 
wow, thank you.

How can I find out if they deem my I-485 abandoned? I am getting nervous now..
 
Last edited by a moderator:
verra said:
I was not aware that I forfeited my F-1 by applying for a green card. I recently traveled to Europe and back without a problem? Did I get lucky?
Click to expand...

While the F-1 is not automatically canceled when you apply for I-485, you would be refused entry with an F-1 visa if the officer at the port of entry is aware that you have a pending I-485. It just happens that they didn't look into the system enough to realize that you had filed I-485.

Having left the US without Advance Parole or H or L status, your I-485 will be canceled if USCIS realizes that you left without Advance Parole. So now you can wait and see what happens to your I-485, or you can be proactive and withdraw it and refile (you wouldn't need to file a new I-130 though; the refiled I-485 can be sent with your I-130 receipt or approval notice).
 
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