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Questions and Answers > EB-5 Investments

What happens if my I-485 for my EB-5 visa is rejected while I am on an F-1 visa?

If I maintain F-1 status during the I-485 process, can I later apply for OPT, or do I have to leave after finishing my studies?

Answers

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    If you maintain your F-1 status, then you can take advantage of all benefits offered by the F-1 status. If you use EAD/AP issued based upon I-485 filing, then you''re no longer in F-1 status.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Filing for adjustment, and getting denied, do not disqualify one from OPT.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    If you have properly maintained your F-1 status without using EAD/AP combo card that comes with the I-485 filing, you can fall back to F-1.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If rejected I-485 and you have maintained status, you are still in F-1 and can apply for OPT if qualified.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Usually you keep your current F-1 status. But they could say you have shown an intent to remain permanently in the USA and reject your OPT.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can apply for OPT if you maintain F-1 status and it is always best to do so. You can also apply for a work card based on your pending adjustment. As a practical matter, USCIS will not ordinarily approve two employment cards for the same person.