I am on STEM OPT and the last day I could legally stay in the U.S. is 01/09. Am I eligible to stay if I have an attorney file I-485 petition, or do I need to wait until USCIS shows that my EB-5 case is pending?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYour I-526 must be pending or approved AND the Priority Date for your case (filing date of I-526) must be current under the most recent DOS Visa Bulletin for EB-5 in your type of filing.
Matthew Kolodziej
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can stay in the U.S. if your approvable I-485 is received by USCIS before your OPT expires.
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyAssuming your EB-5 petition and I-485 are timely filed, you will be considered in the authorized period of stay by the attorney general. Once you receive EAD you may work and once you receive AP you may travel while your I-485 is pending.
Benjamin Hu
Find an EB-5 Visa Lawyer: Immigration AttorneyIf the USCIS receives and opens the AOS application on a date that's still within the applicant's valid non-immigrant status, then the properly-filed AOS can allow the foreigner to remain in the US, even if the receipt notice is issued at a later date. The USCIS AOS receipt notice should show the date of receipt of your application, and that date will control whether the AOS extends your non-immigrant status.
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