I 485 , while on OPT

[nayyar 5]

Hello Everyone , 

 

I have a question My wife is on F1 VISA and she"ll be graduating in December this year . After that she"ll be on OPT ( Optional Practical Training ) .

 

Is it ok to apply for Adjustment of  status ( Form I 485 )  when her PD is current ? Or she have to get an H1 visa to be on legal status  ?

 

Thanks 

[geowrian 22,337]

I'm assuming you're an LPR since you need to wait for her PD to become current.

 

Will she have legal status at the time her PD is current? She can't file for AOS as the spouse of an LPR if she is out of status. Keep in mind most F1 entrants are admitted with D/S (Duration of Status), not for a fixed timespan.

[nayyar 5]

Yes , i am LPR . 

 

Legal Status : She "ll be on OPT , which is valid for 3 years ?

[geowrian 22,337]

Just now, nayyar said:

Yes , i am LPR . 

 

Legal Status : She "ll be on OPT , which is valid for 3 years ?

Sounds fine to me then.

[nayyar 5]

4 minutes ago, geowrian said:

Sounds fine to me then.

Thanks  ,  But i was reading an article online , where this attorney says u have to be on either F1  ( STUDENT VISA ) or H1 visa , as Immigration Officers Don" t consider OPT as a " Legal Status".

 

can i call customer care , do they have knowledge of these types of scenarios ?

 

thanks 

[cd37 229]

10 minutes ago, nayyar said:

Yes , i am LPR . 

 

Legal Status : She "ll be on OPT , which is valid for 3 years ?

Remember that initial opt is only granted for one year. the two year extension is only granted if applicant has a job in their field.

[cd37 229]

1 minute ago, nayyar said:

Thanks  ,  But i was reading an article online , where this attorney says u have to be on either F1  ( STUDENT VISA ) or H1 visa , as Immigration Officers Don" t consider OPT as a " Legal Status".

 

can i call customer care , do they have knowledge of these types of scenarios ?

 

thanks 

on opt you r still considered as on f1 visa and legal ofcourse

[nayyar 5]

3 minutes ago, cd37 said:

Remember that initial opt is only granted for one year. the two year extension is only granted if applicant has a job in their field.

 Oh Ok , I was not knowing that , initially opt is granted for an year , thanks for clearing that up .

[nayyar 5]

3 minutes ago, cd37 said:

on opt you r still considered as on f1 visa and legal ofcourse

but what i heard in past is , when u apply for opt , u loose ur F1 status ... 

[cd37 229]

Just now, nayyar said:

but what i heard in past is , when u apply for opt , u loose ur F1 status ... 

you can only apply for opt if university is issuing i-20 for that time duration. so in summary i 20 is always issued when opt was approved and i 20 is considered  as legal f1 status. University international office will be able to help you understand this. 

[nayyar 5]

2 minutes ago, cd37 said:

you can only apply for opt if university is issuing i-20 for that time duration. so in summary i 20 is always issued when opt was approved and i 20 is considered  as legal f1 status. University international office will be able to help you understand this. 

thanks much .