When I can file for Adjustment of Status?

[parasjasra]

Hello Guys, let me first explain my situation. I came to US as international student (F-1 Visa). I am still a student and have visa till 2019. I got married in October 2016 to a U.S. permanent resident and my wife filed petition (I – 130) for me. My priority date is 28 November 2016. Now, we are still waiting for I – 130 to get approved. As education here is very expensive, I am wondering if I finish my PhD by December 2017 as presently I am not getting any funding.
My queries are:
1. If my petition gets approved before December, can I apply for work authorization or OPT or else with which I may start working after graduation?
2. If I cannot file for any kind of work authorization, what is the best way I should follow?
3. When I will be able to file change of status form, work authorization form and advance parole form?
Please helps me and suggest me something else, if your have any other ridea. I appreciate your time.

[azblk]

1. yes you can and should apply for OPT EAD as it gives you 18 more months of legal status if approved - it is very important you stay in status since your wife is still a LPR and not a US citizen yet.
2. see above.
3. You can not move forward until a visa number is available to you. Basically you are at a standstill until there is either a visa number available to you or your spouse becomes a US citizen. As a PHD you can try the traditional employment based visas like H1B or EB1( very expensive and long process).

[Walbrzyszanka21]

Hello Guys, let me first explain my situation. I came to US as international student (F-1 Visa). I am still a student and have visa till 2019. I got married in October 2016 to a U.S. permanent resident and my wife filed petition (I – 130) for me. My priority date is 28 November 2016. Now, we are still waiting for I – 130 to get approved. As education here is very expensive, I am wondering if I finish my PhD by December 2017 as presently I am not getting any funding.
My queries are:
1. If my petition gets approved before December, can I apply for work authorization or OPT or else with which I may start working after graduation?
2. If I cannot file for any kind of work authorization, what is the best way I should follow?
3. When I will be able to file change of status form, work authorization form and advance parole form?
Please helps me and suggest me something else, if your have any other ridea. I appreciate your time.

Others will definitely answer your questions but my first one is is your wife a US citizen? Because you said that she is a permanent resident. The other way that I know of personally that you can get work permit is through DACA but that has lots of requirements and sometimes the place you will be working at might pay and do the paperwork to get you the work permit but many employers are hesitant about doing that.

If I am wrong, please correct me and help this person out.

- - - Updated - - -

1. yes you can and should apply for OPT EAD as it gives you 18 more months of legal status if approved - it is very important you stay in status since your wife is still a LPR and not a US citizen yet.
2. see above.
3. You can not move forward until a visa number is available to you. Basically you are at a standstill until there is either a visa number available to you or your spouse becomes a US citizen. As a PHD you can try the traditional employment based visas like H1B or EB1( very expensive and long process).

Never mind, someone already answered. Thank you!

[parasjasra]

1. yes you can and should apply for OPT EAD as it gives you 18 more months of legal status if approved - it is very important you stay in status since your wife is still a LPR and not a US citizen yet.
2. see above.
3. You can not move forward until a visa number is available to you. Basically you are at a standstill until there is either a visa number available to you or your spouse becomes a US citizen. As a PHD you can try the traditional employment based visas like H1B or EB1( very expensive and long process).

Thanks for reply... You mean that I need not to wait for "filing priority date" to get "current" at all and I can file for atleast OPT card just after getting my i 130 gets approved?

[newacct]

Thanks for reply... You mean that I need not to wait for "filing priority date" to get "current" at all and I can file for atleast OPT card just after getting my i 130 gets approved?

OPT is part of F-1; it is not related to your immigration process. You can try to apply for it if you qualify. The fact that you are immigrating soon might cause you to be denied OPT.