+1-800-997-1228
Questions and Answers > EB-5 Forms

How can my wife attend I-485 interviews with expired OPT?

I have filed an I-485 for my spouse and she is on OPT now. Her OPT will expire in less than a month. We had two interviews scheduled but both got canceled due to COVID-19. I want to know if she still can stay in the U.S. and attend the green card interview, if we are able to reschedule one, after the expiration of her OPT.

Answers

  • Avatar

    Michele Franchett

    Immigration Attorney
    Answered on

    In general, if one has maintained valid nonimmigrant status through the time of filing the I-485, they should be eligible for adjustment of status. If one''s EAD based on OPT is expired they are no longer authorized to work and should stop work until they can get an EAD based on the pending I-485.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Generally, an applicant for adjustment of status can, and must remain in the U.S. for the duration of that application.

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Based on the info provided below, the expiration of OPT has no impact on your wife''s ability to stay in the U.S. She cannot, however, work after her OPT EAD expires, assuming your I-485 EAD has not been approved.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If your wife has a valid, timely filed application for adjustment of status (Form I-485), she is in a period of authorized stay. She can remain in the United States, but she is not authorized to work unless she has an employment authorization document ("EAD"). With a pending I-485, she is entitled to apply for an EAD on Form I-765. Processing times for that form are about five to six months.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If you filed your AOS while still in lawful status, that lawful status can end. You are pending immigrants now.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, there should not be a problem as her permanent residency is pending and that allows her to be here regardless of the OPT expiring. Also, there is a 60-day grace period at the end of the OPT.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You should at least file for a new EAD. If marriage is to a US citizen, unauthorized employment is not a basis to deny. If you are not a U.S. citizen, she must stop working and go off the payroll.