F1 student graduating soon, should I apply for OPT or green card? Many thanks!

[vicher37]

Hi all,

I am currently an F1 student, graduating from grad school this May. My husband and I married in Oct 2015. He is a U.S. citizen. We are preparing my green card application, but I'm not sure if I should apply for OPT first. Specifically my questions are:

1) Is OPT void after filing I485 anyway? I thought OPT would be a safer temporary alternative because even if there's any problem with I 485 I can still stay in the country legally until my OPT expires. Is that so? Is OPT still valid if your I485 fails?

2) If I file for OPT first, but immediately file for I485 after I get OPT EAD, will USCIS think of OPT as a reinstatement of F1 thus I don't have the right to file I485 shortly after OPT starts?

Thank you all very much! Have a great weekend.

Vicky

[vicher37]

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Please.. does anyone know anything about this??? Thanks!!

[Tolugnld]

My two cents

Technically, you don't need to apply for OPT because when you submit your concurrent filing of I-765, I-130, and I-485 with your husband, your I-765 (work permit) should be approved within 3months. The good thing too about OPT is that you have a grace period even after graduation for you to apply for OPT (I want to say 30 or 60 days after graduation, but I can't remember what exactly it is anymore). The only reason I mention the grace period for the OPT is that technically you won't fall out of status right after graduation even if you haven't put in the application for OPT. Pretty much, put in your green card packet as soon as possible so that you can get the work permit through your husband by May or June.
If you don't think you can submit your packet for the green card within a month, then just apply for OPT to be on the safe side.


*Please do not take my message as legal advice and if you are really concerned, seek professional advice from an immigration lawyer*

[GC0102]

If you can file GC application within a month - don't worry about OPT. People receive EAD card based on marriage within 90 days as long as you submit I-765 with I-130 & I-485. I received in 70 days since application.

If you already have job offer, then give OPT serious thought. Else focus on Green Card application.