I applied for I-130 should I get an OPT to extend my current F1?

[bvidal 0]

Hi, I am student currently on F-1, my program ends on May 24th 2019.

At the end of January I married an American, we filed the I-130 at the end of February.

I got a job that starts on August 12, 2019.

Should I apply to the OPT ?

[GEOntificator 281]

Did you only file I-130 without I-485? If you are in the US (which you should be) you can file for I-485 and I-767 at the same time to get work authorization before you GC.

 

current processing times have been longer for work authorization to go through but seems like you got decent amount of time still.

 

 

[bvidal 0]

I don´t know anything about the I-485 and I-767 !

I filed only the I-130 and I-130A on February 25.

What should I do?

[USS_Voyager 1,972]

 

9 minutes ago, bvidal said:

I don´t know anything about the I-485 and I-767 !

I filed only the I-130 and I-130A on February 25.

What should I do?

File form I485 together with form I-131 (Advanced Parole- Travel Documents allow yoy to re-enter the US) and form I-765 Employment Authorization. The I-765 is what you file for OPT anyway, but you file it now based on the I-485. The AP and the EAD take 4-6 months to approve . Note you cannot leave the US until the AP is approved.

[millefleur 5,047]

**Moved from K-1 Fiance(e) Visa Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas; OP is adjusting from student visa**

[bvidal 0]

10 hours ago, USS_Voyager said:

 

File form I485 together with form I-131 (Advanced Parole- Travel Documents allow yoy to re-enter the US) and form I-765 Employment Authorization. The I-765 is what you file for OPT anyway, but you file it now based on the I-485. The AP and the EAD take 4-6 months to approve . Note you cannot leave the US until the AP is approved.

 I received the mail saying that they received the I-130, should I send a separate envelope with those forms you are saying? How do I make them look at everything together?

[USS_Voyager 1,972]

4 minutes ago, bvidal said:

 I received the mail saying that they received the I-130, should I send a separate envelope with those forms you are saying? How do I make them look at everything together?

Do you have the receipt number for the I-130? You need to include it so they can tie them together. But yes, file another envelope for the I-485/I-131/I-765. Follow the instructions on each of those form. There are no filling fees for the I-131/I-765 if filing together with the I-485, so you only pay the filing fee for the I-485. 

 

Good luck!

[bvidal 0]

Those forms would allow me to work by august? So I shouldn´t apply the OPT?

[USS_Voyager 1,972]

2 minutes ago, bvidal said:

Those forms would allow me to work by august? So I shouldn´t apply the OPT?

Yes, the I-765 is the same exact form that you would use to apply for OPT, it's just that now you file it based on the I-485 and not the I-20. The advantage of the I-765 based on the I-485 is it allows you to work for ANY employer, when the OPT one has restrictions (has to be in your field, .... ). Processing times are the same, because it is the same form. Right now it is 4-6 months average, so if you put it in now, you have a decent chance it'll get approved by August. Is it a guarantee? No,  no one can guarantee anything with USCIS, not even God. 

[arken 4,197]

American, you mean a US citizen? coz you cannot apply for I485 EAD if your spouse is a GC holder at this time.

[bvidal 0]

Yes I mean US citizen.

Thanks very much.

[TBoneTX 45,537]

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