CP when on OPT in the US

P

potential LPR

New Member
Hi All,

I am in the process of getting a Green card through F2A category. We are doing CP (India). We are still confused whether to go for CP or do a AoS here. I am in the US on F-1 visa for the past 2 years, OPT now, to be precise. My I-130 just got approved and as per the visa bulletin my PD(Dec 2011) should become current by September 2013. My question is should I go for CP or plan on getting AoS? I am worried about the OPT part. Will I be able to re-enter the US once I go to India. How does visa availability play a part here? Incase of any issues during the process will re-entering on OPT indicate a dual intend?
I would appreciate if someone can clarify these for me.

Thanks so much!!!
 
If you're still inside the US legally when your PD becomes current, file for AOS. If you go for CP instead, you may be unable to return to the US with your F1 visa if the CP is not successful.

However, if your OPT expires before your PD becomes current, you'll have to leave the US and wait for CP, unless you find another way to stay in the US legally like switching to H1B.
 
Hi Jackolantern,

Thanks so much for your response. My OPT is valid till next June of next year. My only concern is my return to the US on OPT incase the CP process is held back due to some further investigation.
 
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