OPT and GC APPLICATION

[weihongzana]

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.

 

[Bystander6]

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.

If you have approved H-1B, I believe it would be safer to file immigrant petition after H-1B active. F1-OPT is a no immigration intent visa. You might want to check your lawyer to make sure.

 

[Jackolantern]

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?

I don't think you can use the F-1 OPT after filing an I-485.

But have you checked the priority date cutoffs to see if you're eligible to file the I-485 now anyway?

 

[weihongzana]

I consulted with a lawyer, she said we can use OPT EAD while GC application is pending as long as we don't use GC based EAD and AP. I am confused here, more suggestions and information?

I don't think you can use the F-1 OPT after filing an I-485.

But have you checked the priority date cutoffs to see if you're eligible to file the I-485 now anyway?

 

[lprkhoj]

I consulted with a lawyer, she said we can use OPT EAD while GC application is pending

From personal experience, yes, you may if yours is a beneficiary I485 application. If you are a primary applicant, then its a gray area and a lot of companies dont allow you to file I485 unless you are on H-1b due to clash of intent.

... as long as we don't use GC based EAD and AP.

I think this reasoning is bogus and doesnt make sense. Once you have I485 filed (provided the company files I140 on F1) and if you are already working on OPT EAD, its okay. Upon expiry of OPT EAD, you may either move to h-1B or c9 EAD.

Has the labor been filed for you already or are you thinking of filing I140 in NIW/EB1 categories?

 

[weihongzana]

Thanks for the inforation. My husband is working under F1 OPT now, the effective date for his H1b is 8/1/09. We are thinking to file EB2NIW for him.

So if we file I140 and I485 before 8/1/09, is that ok for him and me to use OPT EAD (I have OPT EAD too)?

If our case is denied before 8/1/09, are we out of status? his OPT expires in 8/09, mine expires in 1/2010. He is working in a university and he is from European country. Thanks.

From personal experience, yes, you may if yours is a beneficiary I485 application. If you are a primary applicant, then its a gray area and a lot of companies dont allow you to file I485 unless you are on H-1b due to clash of intent.


I think this reasoning is bogus and doesnt make sense. Once you have I485 filed (provided the company files I140 on F1) and if you are already working on OPT EAD, its okay. Upon expiry of OPT EAD, you may either move to h-1B or c9 EAD.

Has the labor been filed for you already or are you thinking of filing I140 in NIW/EB1 categories?

 

[Bystander6]

Thanks for the inforation. My husband is working under F1 OPT now, the effective date for his H1b is 8/1/09. We are thinking to file EB2NIW for him.

So if we file I140 and I485 before 8/1/09, is that ok for him and me to use OPT EAD (I have OPT EAD too)?

If our case is denied before 8/1/09, are we out of status? his OPT expires in 8/09, mine expires in 1/2010. He is working in a university and he is from European country. Thanks.

Unless your husband's case is very strong, it would waste a lot of your time and money. I have seen people perceived themself can get EB2NIW but failed. Don't underestimate the difficulty of getting EB2NIW. Sometimes, the lawyer just needs your money even if your case is a borderline case. And there is no gurantee. If your husband's company is not laying off people, it would be safer to get LC first.