can I apply OPT after file 485

C

cathylee

Registered Users (C)
I am a F1 student and filed 485 together with my husband, who is H1. I already got EAD this month. I will graduate soon and want to apply for practical training. But somebody told me I am no longer in F1 status ever since I filed 485 thus I can not apply for practical training, is it true? Anyone has similar experience? If I use EAD to work after graduation, will it cause serious problem if my husband get laid off? Thanks in advance
 
This may not be true

After one files for I-485, if he has not used your EAD, he can still extend his H-1B in case the 6 years are not used up. In this sense, filing for adjustment of status doesn\'t invalidate the H-1B status. Then how come a F-1 holder loses his/her F-1 status after filing I-485 and before using the EAD?

I think you should try to apply for OPT or at least ask for opinion from a good lawyer.
 
Best to ask a lawyer

However my hunch says that the person loses non immigration benefits automatically as long as he is in I-485 (imm AOS). H1 visa is special visa because it can be dual status (imm & non-imm) but I am positive F1/2 is not.

JimZ
 
I certainly agree with you

But I am talking about when the person files for OPT then INS 90% will deny the case. The person surely can maintain the F-1 status. That is all, no more benefit. Best check a imm lawyer. I know people was denied from H1 to F2 etc...

JimZ
 
Additionally

It doesn\'t make sense to me that the person needs to file for OPT to get another EAD. He can use the I-485 EAD. I think the imm intent is the most important factor for INS to grant F1 visa

JimZ
 
Another addition

I just figured out why the person want to use F1 EAD instead I-485 EAD. It is the exemption of some US taxes (like SS tax). That is why I think INS will certainly deny OPT in this scenario.

JimZ
 
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