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Will it affect my adjustment of status if I can''t find a job?

My I-526 petition was approved during my application of OPT (when my OPT application was reviewing by USCIS). Right now my OPT has just been approved and I would like to adjust my status here in the U.S. Since OPT only allows me to be unemployed for a few months, if I really can''t get a job during these few months, does it pose any problem to my adjustment of status application? In other words, will I be considered as "out of status" when my adjustment of status petition is being adjudicated?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    If your I-526 was approved, you were granted a conditional permanent residence. Finding a job to satisfy your optional practical training status should no longer be necessary.

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes, if you cannot find a job and your OPT has expired, you are better off returning to your home country for the EB-5 rather than staying in the United States without status.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As long as you are in nonimmigrant status when you file your I-485 application for adjustment of status, you should be fine. It will not matter if you fail to acquire a job under OPT while you have your I-485 pending. Just don''t work without authorization.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you are out of status, then you cannot change status or adjust, as you have no status from which to change or adjust. If you think you may be out of status by the time the I-526 is approved, then you may want to do the consular processing for immigrant visa. The other option is for you to enroll in another school to maintain your F-1 status and remain if you cannot find a job.

  • Avatar

    Kripa Upadhyay

    Immigration Attorney
    Answered on

    The I-526 approval grants you a temporary conditional resident status for a period of two years from the date of issue. If your I-526 was approved and you are now a conditional resident of the United States, your OPT and your ability to find a job are irrelevant as that is a completely different status. If your application for Conditional Lawful Permanent Residence was approved, then you are a LPR/ "green card" holder for two years from the date of of approval. You would be able to get your "green card" without conditions if you are able to show the creation of 10 jobs (if the investment was through a regional center) or meet the requirements as specified for application filed as "direct investment."

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    As long as you are in legal status, you can file an application for conditional permanent residency based upon an approved I-526 petition. As long as your application for conditional permanent residency is still pending, then the subsequent expiration of your OPT will not affect the adjudication of your conditional permanent residency application.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, in order to be eligible to adjust you must maintain status but you have a 60 day grace period. If you are still within the 60 day grace period and you file the I-485 before this expires, you will be fine.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    While OPT only allows 90 days of unemployment, once you file the adjustment, you are no longer accruing unlawful presence.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    If your I-526 has been approved and you are in a lawful status in the United States, you may file for adjustment. Note that 245k does not apply to the EB5 classification so it is important to make sure at the time of filing you are in a valid status. Upon filing for adjustment, if you do not find a job as required under your OPT, it would have no impact as when analyzing your adjustment, CIS looks at your status as of the date of filing making sure it was valid. However, do not work without authorization as your adjustment would be denied as said before because 245k does not apply to EB5 classifications.

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