My STEM OPT has expired, and I am currently within the 60-day grace period. I also have a pending I-485petition, which is on hold because I am from Iran. Should I obtain a new I-20 from another school to continue studying and maintain my F-1 status, or could that negatively affect my I-485 over dual intent?
Answers
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysObtaining a new I-20 and continuing your studies will not negatively affect your pending I-485, and it does not create a dual intent problem while you are inside the United States. If you maintain F-1 status, it can serve as a backup in case your I-485 is denied for any reason. However, many applicants in your situation rely solely on their pending I-485 and related EAD, especially if their underlying petition is strong. Because you are currently within your 60-day grace period, timing is important if you decide to transfer to a new school.
Lynne Feldman
EB-5 Immigration attorneysThe I-485 allows you to remain here while pending, but continuing nonimmigrant status is certainly preferred. So yes, I would obtain a new I-20 to continue your schooling.
Bernard P Wolfsdorf
EB-5 Immigration attorneysIf you are able to extend your F-1 status, I would strongly recommend it, even if you were not from Iran. Adjustment pending is not status so always good to be conservative.
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