F-1 student filing 140/485, is it dangerous?

D

docaj

Registered Users (C)
Hi there,

I am on F-1 and my husband is on H-1B visa. I am planning to file 140
(NIW)+485 concurrently for myself and 485+AP+EAD for my husband as my
dependent. We have a big concern: I will graduate in 6 months. With
140/485 pending can I still apply for F1-OPT? Or H-1B without going to an
oversea US consulate?

I have searched the internet and found inconsistent answers. Some say I
cannot apply for OPT once 485 is pending. Others say I will have to go to
an oversea US consulate to get H-1B when 485 is pending, etc. It seems to be a gray area where no explicit laws/rules regulate? :confused:

A related question: if under the same situation but assume that my
husband has used his AP/EAD to travel/work. Will it affect my F-1 status?
Will it affect my application of OPT? or H-1B?

Thank you very much!
 
docaj said:
Hi there,

I am on F-1 and my husband is on H-1B visa. I am planning to file 140
(NIW)+485 concurrently for myself and 485+AP+EAD for my husband as my
dependent. We have a big concern: I will graduate in 6 months. With
140/485 pending can I still apply for F1-OPT? Or H-1B without going to an
oversea US consulate?

I have searched the internet and found inconsistent answers. Some say I
cannot apply for OPT once 485 is pending. Others say I will have to go to
an oversea US consulate to get H-1B when 485 is pending, etc. It seems to be a gray area where no explicit laws/rules regulate? :confused:

A related question: if under the same situation but assume that my
husband has used his AP/EAD to travel/work. Will it affect my F-1 status?
Will it affect my application of OPT? or H-1B?

Thank you very much!
Click to expand...

I'm not sure u want to apply for H1 or OPT?

how can u apply for ur own H1? and OPT has to be applied
by school based on ur degree. I dont think u should have any issues
with OPT.
 
my opinion - very useful

Hi,

Please do listen to my opinion which I do mean to help you.

The best order is, OPT, H-1B, 140/485.

Other choinces:

You can file OPT first, then file 140, then file H-1B, then 485. This is the second best way.

Or, you can file 140 first, then OPT, then 485, then H-1B, this also works.

Do remember that once you file 485, it will be difficult to get your OPT. That's exactly what our international officer told us.

In summary, make sure that your 485 is after you get your OPT and H-1B. Or least after you get your OPT.
 
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