F1 student(1-75 and I-485 filed but still processing)

[JuniorV 0]

Hello. I’m an f1 student who is recently graduating this month from my university in California. I got married in 2019 and my wife petitioned for me to change my status, we filed for I-765, and I-485 which is still in process. I have not gotten the work permit or green card yet. My wife lives in Dallas, but we explain to USCIS that I was going to school in California because I had a scholarship here and I’ll permanently be moving to texas once I graduate. But I still haven’t received any work permit from the petition that my wife filed for me. So I just wanted to know if I can still file for OPT as an F1 because I’m still in status and I’m graduating this December. Will that be possible?

[Boiler 45,767]

Yes

When did you file 

 

[JuniorV 0]

I filed In November 2019

[Boiler 45,767]

Just now, JuniorV said:

I filed In November 2019

You should have had it a long time ago

[JuniorV 0]

I thought the same thing as well. So I can still apply for the work permit again through opt?

[Boiler 45,767]

Yes, does make me wonder whstvuu you it have filed 

[JuniorV 0]

Yeah we had some issues with the second interview. Because we missed it we weren’t able to attend because we didn’t get the letter on time and it never updated online that we are being scheduled for a second interview. So the case was denied but we just filed I-290b to reopen both the I-130 and I-485, and we explained to them with proof why we missed the interview. We are still waiting on that to reply I usually don’t know how long it takes for them to make a decision.

[Boiler 45,767]

4 minutes ago, JuniorV said:

Yeah we had some issues with the second interview. Because we missed it we weren’t able to attend because we didn’t get the letter on time and it never updated online that we are being scheduled for a second interview. So the case was denied but we just filed I-290b to reopen both the I-130 and I-485, and we explained to them with proof why we missed the interview. We are still waiting on that to reply I usually don’t know how long it takes for them to make a decision.

Well that seems complicated, hopefully you have a good lawyer

[Rocio0010 5,580]

14 hours ago, JuniorV said:

So I just wanted to know if I can still file for OPT as an F1 because I’m still in status and I’m graduating this December. Will that be possible

Yes. As long as you comply with F1 regulations, your SEVIS records should not be terminated, and you can use all the benefits associated with it, such as OPT/ CPT.