How can I apply for an OPT extension after filing my I-485? - EB5Investors.com

How can I apply for an OPT extension after filing my I-485?

I am currently on my first year of OPT and will need to extend my OPT next February. My PD also arrived, which means I can file my I-485 next October. In that case, can I still submit my OPT extension this November to maintain my F-1 status? Can I file I-485 without requesting an EAD card so that I can continue using my F-1 EAD card? Then can I apply for an I-485 EAD card during my OPT extension?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

There is no assurance they will approve your OPT extension after filing an application for a green card, although it is possible. Why not just apply for the EAD based on the I-485 because that will give you unrestricted employment after 2-3 months and OPT has restrictions on number of days employed and even type of work done, to some degree. Job must be related to degree.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

I would file both EAD with I-485 and STEM OPT extension.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You can file to extend your OPT regardless of whether you file an I-485. You are not required to file for a work permit based on your adjustment of status. You can file for a work permit later, based on a pending application for adjustment of status.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You cannot apply to extend F status after you have filed I-485; the two applications'' intent is inconsistent.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.