Can my wife apply for OPT after submitting 485 with me?

D

Dan2001

New Member
My wife has submited applications to 485, EAD with me ( I am the primary applicant) and got the receipts. In the meanwhile, she is graduating and we are thinking about applying for F1 OPT for her too so that she can still keep her own status if our application doesn't go through or my job is off (although the chance is not much but just in case...). Wonder if this is OK and whether it has any bad implications.

thanks a lot.:confused:
 
I don't think she can maintain F1, as F1 is pure non-immigrant. It doesn't carry a dual intent status like H1 or L1.
If she wants to have a fallback plan, she should apply for H1.
 
I think she can. My wife did exactly the same. INS issued RFE for her I-20 for OPT, but she got her EAD, so we did not follow up on OPT.
 
Dan2001:

If your wife's graduating then her F-1 status will probably expire as soon as her OPT expires. This won't be much of a safety net for you. Even if your job is off you could still take advantage of AC21 since your 485 approval is not coming sooner than 180 days after filing. Also, while working on OPT, INS checks to make sure that the job is relevant to your degree. If you apply for an EAD and AP at least she can work for any employer in the US and make trips abroad if required. Assuming your wife continues on F-1 by starting on another degree program, going abroad and returning would still be a problem since multiple-entry F-1's might be difficult to obtain especially after 9/11. It's best not to depend on F-1 these days since it's strictly a non-immigrant visa. Hope that helps.
 
Thank you guys for your replies that are very informative. Given the contradictory nature of immigration laws, probably it becomes an individual's judgement call and wish the table turn for ones' favourite... sigh.
 
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