F1/OPT and I130/I485

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Registered Users (C)
I read v. carefully the threads on this subject and they don't cover the following situation (theoretica):

F1 student applies for OPT and it is approved; has two months to find job.
Does not find job within 1st month, marries and a I130/I485 is filed.
Continues to look for job and finds it within the 2nd month.

Can the person still work on OPT, or only if he does not apply for AOS/EAD in the concurrent filing?

Thanks.
 
BTW, the advantage of such a scenario would be that the AOS/EAD takes a while to obtain and if the person finds a job he can't work until the EAD arrives and he may lose the job if employer does not wait..

With the OPT/EAD the person can work and then switch to the AOS/EAD when it comes.
 
well, after I read more carefully my understanding is that there is no problem with that whatsoever.

when the AOS/EAD arrives, filing an I-9 with the employer to switch to it from the OPT EAD is all it takes.
 
There might be problems with fraudulently obtaining immigration benefits (the OPT/EAD) if you change your intent a month later. Wait for 3+ month after you got OPT approved before you file the I-130/I-485, then you should be fine.
 
The main requirement for an F1 OPT is to maintain a valid F1 status.

F-1 non-immigrant status is valid only until you have non-immigrant intent. As soon as an I-130/I-485 is filed, you loose the non-immigrant intent and become a potential immigrant. Therefore, the only option is to apply for AOS EAD.
 
Is there a rule to find a job within 2 months on OPT? What if the F1 holder cannot find a job within 2 months of OPT?
 
nscagony said:
There might be problems with fraudulently obtaining immigration benefits (the OPT/EAD) if you change your intent a month later. Wait for 3+ month after you got OPT approved before you file the I-130/I-485, then you should be fine.
Click to expand...

Does this mean an F1 student who marries a GC holder while on F1 status(during studies or OPT) and applies for GC through I485 can stay in the US while the 485 is being processed? Or do they have to leave the country because they have demonstrated an immigration intent?
 
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