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Immigration Issues/I-485 AOS and OPT Application

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Question
Hello,

I am a F-1 student graduating in May, 2012. I recently filed I-485 AOS (with EAD and AP) in March, 2012 as my husband's dependent.

While waiting for the approval of my I-485 EAD here, I have a job offer starting on 7/1/2012. So I was thinking of applying for OPT while waiting on my I-485 EAD. The international student adviser was willing to help me, but was concerned that my OPT application might be denied due to my I-485 AOS. He was also concerned my I-485 AOS application might be screwed by OPT application.

Could you comment on the likelihood for me to get the OPT approved, in case my I-485 EAD does not arrive prior to 7/1/2012?

Is there a chance my I-485 AOS approval will be delayed or denied by OPT application?

Thank you for your help,

Wendy

Answer
Hi,

The EAD application filed as part of I-485 typically takes 2 to 3 months for approval. OPT approval will take about the same time (2 to 3 months for approval after filing).

However, there is no disadvantage in trying to maintain F1 student status while I-485 is pending. Thus, it is OK to file OPT, and indeed there is no question on the OPT application as to whether an I-485 application has been filed. I do not see any disadvantage, and there will be no delay in I-485 approval. Incidentally, I do not recommend traveling outside the U.S. until advance parole document is issued, as F visa status does not allow for intention to immigrate to the U.S. permanently.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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