F1/OPT and 485- Ignorance is not bliss


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just4ninu said:
My fiance is applying for her citizenship at the end of this month. She will be getting her citizenship within 6 months.
I wouldn't be so sure. Some people get stuck on the name check for a couple of years.

1. If I have a job offer and my H1 is already being processed, will I be able to leave and re-enter US in Aug ?
you will be able to enter the US in October, when you actually can start working on H1.

2. Is there a possibility to ask my employer to process my H1 in October instead of April ?
If he does, the quota might be gone in June, and then you will be stuck without H1.

3. How long does it take for me to get a Green card, if my fiance applies for it once we get married ?
Once she/he gets her/his citizenship, it all depends on where in the States you live. Look up the dates on www.uscis.gov


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To LucyMo,

Hi Lucy! I see that you are very knowledgeable in immigration issues. I am currently on OPT but plan to get married with my bf who is an American citizen very soon.
I am thinking that I do not need to apply for AOS EAD since I currently have my OPT EAD. Also, I do not want to apply for AP as I do not want to risk denial at POE.
Does this make sense at all? I just don't want to do anything that is against the law. I finished all my courses and will get my diploma soon.
Also, is my employer going to take federal taxes from my paycheck? I would really appreciate your help.

Thank you!
I am on F1, planning to apply my OPT from May'2007. My husband's PR application is still stuck in Labor state.

Q1. Can i be added to his I140 application, even being on F1 status?

Q2. When submitting his I485 application, can i be on F1 status?

Q.3. Lawyer is saying it is preferred to have her on H4 status at the time of filing 485. Can anyone tell the possible reasons Lawyer is suggesting this?


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once your own I-485 is filed, maintaining F-1 status is sort of a moot point, although theoretically, if AOS falls through and you maintained F-1 status all this time, you can fall back on F-1. I don't know anybody who's done it, though.
F1 from H1 with I485 denied

Hello Friends,

I am currently on H1 (with I140 applied) and had a family based I485 that was denied but we are still fighting the case. Now I want to go back to school for a PhD starting Fall 2007. Do you have any ideas/thought on if that is possible? My wife is already on F1.

I would really appreciate any advice.



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if you have an advanced degree, you could apply for a GC based on outstanding abilities. Read about it on www.uscis.gov

Blue, if you are in status when you apply for AOS, then you can stop going to school after you get a notice of receipt for AOS.
I went to the website but I didnt see where it says you could apply for GC based on outstanding abilities. Any help?
I'm in a similar situation....except i have kept myself enrolled in college but desperately need to change my status....any suggestions? I also have a job offer but i'am on an F1 status..and the company is not sure how to go about it, neither do i. i did have an opt 2 years back tht expired...any suggestions?

GC Guy

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I am a GC holder. My wife is on F1 visa and her graduation will be over in March 2008.

Can I apply for I-485/AP/EAD for her so she can start working on EAD after March 2008?



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You can file for I-130, but you won't be able to file for I-485/AP/EAD for about 10 years, or when you become a citizen. She has to leave the US in the meantime, except if you can get a H1B visa for her. The other alternative is for her to file a GC based on her own employment.


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who can apply for OPT?

Can a person with B.Engg. degree apply for OPT? Or is it a previlage only to MS and PHD students?



Can a person with B.Engg. degree apply for OPT? Or is it a previlage only to MS and PHD students?

OPT can be applied by anybody above Undergraduate level students. Actually, I just came to know that the OPT has been increased from 12 months to 29 months for students holding Undergraduate degrees. That is a very amazing news indeed.


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OPT can be applied by anybody above Undergraduate level students. Actually, I just came to know that the OPT has been increased from 12 months to 29 months for students holding Undergraduate degrees. That is a very amazing news indeed.
i don't think it has been increased yet
I was approved for my OPT on February 2008 for a duraion of one year. At that time, I was allowed to stay in US for 1 year while looking for job. On April, 2008, a new regulation came according to which a student on OPT can not stay in US without job for more than 90 days. I was not aware of this rule until end of september 2008. Now I have applied for dependent visa. My worry is that unknowingly I stayed for around 6 month without job when I was actually allowed for only three month. I am worried that is this mistake going to affect my new visa approval? Is there anyway I can explain USCIS that it happened because I was not informed about this rule and I did not come across it.

Please suggest what could be done now?


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My son is on F1 visa and I am a green card holder. He completed his graduation in May, 2008 and is on opt status but has not been able to get a job till date due to the bad economy. In Jan he will join masters. In the meanwhile if he wishes to travel to India what will be the best course. Also when should he change his status from opt to F1. I have one further question since he completed his studies in May and did not get a job on opt status will it in anyway affect him in future.

Any advice will be highly appreciated.

Thanks in advance
Last edited by a moderator:
He is out of status on his OPT since there was a limit of 90 days of unemployment. OPT is F1 status. He should have left the country already; you may want to speak with an attorney to see what needs to be done now.
some questions for you

Hi jaxen,

here are my questions: my husband's H1b status will be active on 8/1/2009, right now he is working under F1 OPT and I am also under OPT. if we submit I-140 and I-485 now, and we don't use GC based EAD and AP, can we still use OPT based EAD to work? If they deny our case before my husband H1b is active, can we still work under OPT based EAD until it expires, or we will be out of status? Thanks a lot.

I get these questions a lot in the H and the 485 forums and I see that many F1, F2 (and OPT) holders are having this misunderstanding about having a F1 or OPT and applying for 485 changes your status scenario marginally. I will list the following observations.

1. Whether you are on F or OPT, as soon as you apply for I485 (from its Receipt date) you are a I485 adjustee.No longer F or OPT.
2. You cannot be on I485 adjustee and F visa or OPT. So apply for EAD(485 based,not OPT) along with 485 and then file I-9 with employer ,if you are on OPT or with school if you are on F1 and diligently renew the 485 based EAD. Also apply for AP, from now onwards you have to use AP for travel.

The primary reason is that a F visa holder should prove non immigration intention every minute. By filing I485 you have violated a fundamental tenet of this requirement. You can go through a dual intent visa like H or L towards GC/I485. Direct F (OPT) to 485 is a land of mines and you have to tread carefully.

Request to the moderator: Could you stick this up please?


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automatic cap gap extension

If your H1B was filed and approved, the automatic "cap gap extension" will begin and will continue until the H-1B process has been completed.

If the student’s H-1B petition is selected and approved, the student’s extension will continue through September 30th. So yopu can use OPT's EAD to work through September 30th, not need to file I-140 and I485 to get EAD.

Also see: http://www.greencardapply.com/general/faq_f1.htm


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I have a question. I came to the states as a F1 student and I have been working on campus. I won the DV lottery and I submitted the AOS application. Now, I graduated last month (May 2009) and instead of applying for OPT based EAD (like most students do), I applied for I-485 based EAD. I did not apply early, I actually applied 10 days after I graduate (usually students apply up to 90 days before graduation). I continued working on campus after I graduated without knowing that I dont have the right to work before I receive my EAD. I was told just yesterday that I cannot work. My question is:
1 - What is my current Status (F1 or I485 adjustee)?
2 - Did I fail to maintain my legal status by working 4 weeks on campus after I graduated without EAD?
3 - What happened If I continue working (cause I need money to survive)?
4 - Will that affect my AOS application? i.e. will the interviewer ask me about my status after graduation?

I appreciate your help
Need help in doing Teaching Assistance(10hrs) and Internship(20hrs)

Hi I am F1 student and I got one question.
My friend got TA in College and Internship offer too.
TA is for 10hrs.
Internship is for 20hrs.
What will happen If we do both? Actually we are supposed to do just 20hrs job during semester.
He is doing like that. He said that his employer is giving checks and deducting TAX too.
Is he in danger now?