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Approved I-140, but OPT Expiring soon

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  • Approved I-140, but OPT Expiring soon

    Current Status: OPT Extension (expiring in Aug, 2019)
    Applied for H-1B through employer two times in past two years, but not selected in the lottery.

    Current Situation:My EB-1B I-140 (Outstanding Professor/Researcher) petition through employer has been approved few days back. According to company's immigration attorney, I can't apply for I-485 and I-765 until the priority date is current ( i think according to new bulletin the priority date for Indian nationals is Oct 2017).

    the problem (according to attorney): Even though my I-140 got approved, I can't use that to extend my current OPT EAD. Attorney only H-1B holders are eligible to extend EAD using approved I-140.

    I have been working with employer and attorney to find out options, but I thought it would be good to share on this forum to get feedback and opinion.

    I look forward for your valuable suggestions and options.

  • #2
    Originally posted by rsrip85 View Post
    Current Status: OPT Extension (expiring in Aug, 2019)
    Applied for H-1B through employer two times in past two years, but not selected in the lottery.

    Current Situation:My EB-1B I-140 (Outstanding Professor/Researcher) petition through employer has been approved few days back. According to company's immigration attorney, I can't apply for I-485 and I-765 until the priority date is current ( i think according to new bulletin the priority date for Indian nationals is Oct 2017).

    the problem (according to attorney): Even though my I-140 got approved, I can't use that to extend my current OPT EAD. Attorney only H-1B holders are eligible to extend EAD using approved I-140.

    I have been working with employer and attorney to find out options, but I thought it would be good to share on this forum to get feedback and opinion.

    I look forward for your valuable suggestions and options.
    As you attorney mentioned, your approved I140 would only be helpful if you have an expiring H1B. Otherwise, it does not help extend your stay.
    Just an opinion; Not legal advice.

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