Tweet
I am a citizen of India. During my first 5.5 years, I had H1B status, which I converted to F1 to pursue a PhD. Now I am on F1 STEM OPT that will expire in November 2015. I am preparing my I-140 petition under EB-2 (NIW). My questions are:
1. If my 140 gets approved before OPT expiration, can I continue extending my OPT EAD until the priority date becomes current and I am able to file I-485?
2. If my 140 remains pending after OPT expiration, can I still extend my EAD until the 140 decision is rendered?
Edit: I have been doing some reading and getting the indication that the answer to the above two question is no. That said, could I file for change to H1B for the remaining period (~6 months) after OPT expiration? This is assuming I will have an employer.
1. If my 140 gets approved before OPT expiration, can I continue extending my OPT EAD until the priority date becomes current and I am able to file I-485?
2. If my 140 remains pending after OPT expiration, can I still extend my EAD until the 140 decision is rendered?
Edit: I have been doing some reading and getting the indication that the answer to the above two question is no. That said, could I file for change to H1B for the remaining period (~6 months) after OPT expiration? This is assuming I will have an employer.
