F-1 student adjusting status via f-4, opt?

#1
Hi, my brother is F1 student in the U.S. , doing adjustment of status via sibling sponsor (f4). He submitted I-485 in Jan, 2019, got fingerprint complete. He will graduate in August 2019. He's waiting for EAD. Should he apply EAD visa OPT optical training also? Is he o.k. to wait in the US pending I-485 like married cases or he has to maintain his F-1, OPT status? Any of you in similar situation? Thank you so much.
 

newacct

Well-Known Member
#2
I'm assuming that his priority date was eligible to file AOS for the month he filed according to this chart (which means the petition was filed at least 13 years ago). He can stay in the US for as long as I-485 is pending and he does not need to maintain his status after I-485 is filed. He should not apply for OPT as it will likely be denied as OPT is part of F1 which cannot have immigrant intent. He should wait for his AOS-based EAD which is better than OPT anyway because 1) it's free, and 2) it allows you to do any type of work, not only work in his field like OPT.
 
#3
Thank you so much. I was told that he needs to maintain his non immigration status only just in case if his i-485 gets rejected then he can stay here and reapply.... Yes, he came as F1 and was petitioned by sister 2 years later in 2005.
 
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