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Apply for OPT after abandoning Green Card application

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  • Apply for OPT after abandoning Green Card application

    Hi!

    I have a somewhat complicated situation. I'm currently in the US on F-1 student visa (valid until Aug 2018, I-20 valid until Aug 2019). I'm married to a US citizen and our plan was to stay in the US for the next couple of years. Therefore we started the application for a Green Card (submitted mid December 2017, just did the fingerprints, no interview yet).

    Now our plans have changed and my wife wants to start studying in Germany by the end of this year. I, in the meantime got offers, from multiple Universities for Post doc positions. I would like to do a post doc for at least a year and then join my wife in Germany. The Universities would either sponsor a H1-b or J-1 visa. So now I see the following options:

    1. Try to get the Green Card and work on it for a year and then abandon it (but I'm not sure if we can get it, given that my wife will be in Germany during the decision process)
    2. Abandon the Green Card application apply for OPT and then for a J-1 or H1-b visa in case I want to do more than a year

    My question: What are the chances that my OPT request gets denied, given that I declared immigration intent when applying for the Green Card? I understand that I could make a case that with abandoning the GC I clearly show that I don't intend to stay anymore. But I'm not sure if logic applies here...
    Which option is more likely to lead to me being able to work here for a year (and maybe return one day after my wife finished her studies).

    I know this is not only about OPT so please let me know if should post in a different category.

    Thanks!

  • #2
    Originally posted by windolin View Post
    Hi!

    I have a somewhat complicated situation. I'm currently in the US on F-1 student visa (valid until Aug 2018, I-20 valid until Aug 2019). I'm married to a US citizen and our plan was to stay in the US for the next couple of years. Therefore we started the application for a Green Card (submitted mid December 2017, just did the fingerprints, no interview yet).

    Now our plans have changed and my wife wants to start studying in Germany by the end of this year. I, in the meantime got offers, from multiple Universities for Post doc positions. I would like to do a post doc for at least a year and then join my wife in Germany. The Universities would either sponsor a H1-b or J-1 visa. So now I see the following options:

    1. Try to get the Green Card and work on it for a year and then abandon it (but I'm not sure if we can get it, given that my wife will be in Germany during the decision process)
    2. Abandon the Green Card application apply for OPT and then for a J-1 or H1-b visa in case I want to do more than a year

    My question: What are the chances that my OPT request gets denied, given that I declared immigration intent when applying for the Green Card? I understand that I could make a case that with abandoning the GC I clearly show that I don't intend to stay anymore. But I'm not sure if logic applies here...
    Which option is more likely to lead to me being able to work here for a year (and maybe return one day after my wife finished her studies).

    I know this is not only about OPT so please let me know if should post in a different category.

    Thanks!
    Issuance of OPT does not involve a question regarding your immigration intent. Issuance of a F1 visa needs to take into account your immigration intent, not OPT. So you should be fine. Moreover, the University that wants to hire you can always file for a H1 immediately (the category for academic/ non profit H1 is always open and is not quota limited), thus obviating the need for you to even go the OPT route.
    Just an opinion; Not legal advice.

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