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  • I485 and opt

    Hi, I submitted my I485 , include EAD and Advanced parole before my graduation. I just graduated last week and received my notice from USCIS a day after that. However, I haven't applied for OPT yet. I am still waiting on I20.

    Question is Can i still apply for OPT? if i don't apply for OPT, will I be out of status after my graduation until my green card approved?

    Last edited by hnnt; 05-14-2019, 09:54 PM.

  • #2
    You shouldn't apply for OPT; they will likely deny it because OPT is part of F1 which is not supposed to have immigrant intent. In addition, the AOS-based EAD you have already applied for is better than the OPT-based EAD because 1) it's free whereas OPT costs money, 2) you can work in any field whereas you can only work in the field of your major on OPT, and 3) you have no restrictions on amount of days not working whereas you cannot have more than 90 days of unemployment on OPT.

    Yes, you will be out of status 60 days after completing your program. You can stay legally in the US as long as your I-485 is pending, regardless of whether you have status or not.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      You shouldn't apply for OPT; they will likely deny it because OPT is part of F1 which is not supposed to have immigrant intent. In addition, the AOS-based EAD you have already applied for is better than the OPT-based EAD because 1) it's free whereas OPT costs money, 2) you can work in any field whereas you can only work in the field of your major on OPT, and 3) you have no restrictions on amount of days not working whereas you cannot have more than 90 days of unemployment on OPT.

      Yes, you will be out of status 60 days after completing your program. You can stay legally in the US as long as your I-485 is pending, regardless of whether you have status or not.
      Since i'm planning to go back to my country (Vietnam) to do the wedding after I get the EAD/travel permit (combo card). I will return to the US with my husband but I'm worried that they might deny me at the border because I was out of status do u have any advice for this situation?

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      • #4
        Originally posted by hnnt View Post

        Since i'm planning to go back to my country (Vietnam) to do the wedding after I get the EAD/travel permit (combo card). I will return to the US with my husband but I'm worried that they might deny me at the border because I was out of status do u have any advice for this situation?
        No, they will not deny you entry because you were out of status. It's perfectly normal to be out of status while AOS is pending.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Originally posted by newacct View Post

          No, they will not deny you entry because you were out of status. It's perfectly normal to be out of status while AOS is pending.
          thank you for your response!!! since you have been in the forum for a long time, just curious if u have ever read any discussion about someone being denied at the border using advanced parole?

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