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What are some potential issues for an F-1 student with an approved I-526 to apply for OPT?

I am currently holding an F-1 visa. I got my I-526 approval in November 2018 and am waiting for my priority date to become current. I will graduate from college soon and plan to file my OPT application. Since I am a STEM major student, I will also need to apply for an OPT extension in the future. I am wondering, is there is any chance that USCIS will deny my OPT application for my immigration intent?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You on the right track. It does not appear there should be any reason for denial.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You should be fine. The only requirement for OPT is that you have completed your qualifying degree and will be seeking optional practical training in the U.S. for which you have earned your degree.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is possible they will deny, but there is not a question on the I-765 about a pending immigrant case, so not likely to arise as an issue unless you travel internationally. ou can also set up the I-526 for consular processing if you haven't already as further insurance you will leave the U.S.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Not likely. I never heard of anyone having a problem getting OPT.

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    Charles Foster

    Immigration Attorney
    Answered on

    You can apply and obtain OPT in spite of your approved I-526 petition, but you should not depart the U.S., as you could have issues in renewing your F-1 visa or being readmitted on a F-1 student visa.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    There shouldn't be a problem. Make sure you disclose all required info.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    We have not seen OPT denied by USCIS because of immigrant intent. However, if you need to travel, that becomes more challenging since you have to prove the officer you intend to go home, and that is more complicated.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    As long as you are on OPT, you will not be out of status, and hence, when your priority date becomes current, you can go ahead and adjust. The fact that you have an approved I-526 should not affect your chances of getting OPT extended.

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