Already a member? Sign in.

Username/Email:
Password:
 
  Not a member? Sign up now
Posted on 18 May 2011
Q.

OPT application followed by 485

I am eligible to file I-485 based on pending I-140 NIW application.

My wife will be filing her I-485 as a derivative - She is presently on F1 status, expiring Aug 31 2011. She'll want to work after August and wants OPT. (She would prefer keeping her independent F1 status through OPT instead of applying for I-485+EAD card, reliant on my I-140.)

1. Is applying for 485 the day after OPT approval similar to entering the country on F1 visa and immediately filing I-485? Would it count as immigration fraud? Do we need a 60 - 90 day cooling-off/waiting period between OPT approval and I-485 filing?

It worries me that a new I-20 is issued for OPT authorization.. which might count as a renewed statement of non-immigrant intent.

2. Can one work on OPT after filing 485? (no travel w/ AP)

User's Location: Hamilton, New Jersey, United States of America
Category: H1B Visa (Work Visa)
Posted on 19 May 2011
A.
Want to see the lawyer's answer? Become a member today!
 
 
 
   Already a paid member? Sign in now.
Got a specific question? Ask your question for only $19.95!
User_thumb_7446_Photo_Michael_Ryvin

Michael Ryvin
Immigration Lawyer
Ryvin Wallace Group
(415) 765-0679

www.ryvinwallacegroup.com

Browse answers by topic

EMPLOYMENT-BASED GREEN CARD

H1B VISA (WORK VISA)

L1 VISA (WORK VISA)

F1 VISA (STUDENT VISA)

J1 VISA (STUDENT VISA)

B1 VISA (BUSINESS VISA)

B2 VISA (VISITOR VISA)

FAMILY-BASED GREEN CARD

K1 VISA (FIANCEE VISA, FIANCE VISA)

    K3 VISA (MARRIAGE VISA)

      US CITIZENSHIP AND NATURALIZATION

        GREEN CARD LOTTERY (DV LOTTERY)

          ALL OTHER US VISAS

          GENERAL IMMIGRATION

          Michael Ryvin's Answers on Immigration Law
          User_thumb_7446_Photo_Michael_Ryvin
          Michael Ryvin
          Immigration Lawyer
          220 Sansome Street, 12th Floor
          San Francisco, CA 94104
          (415) 765-0679
          www.ryvinwallacegroup.com
           478 answers
          Feedback from users:
          Satisfied 
           (73)
          Neutral 
           (6)
          Unsatisfied 
           (0)
           35 phone consultations
          Feedback from users:
          Excellent 
           (34)
          Good 
           (1)
          Average 
           (0)
          Poor 
           (0)
          Terrible 
           (0)
           100% Immigration Law
          Nonimmigrant Visas Adjustment of Status
          Employment-based Visas U.S. Citizenship
          Family-based Visas Labor Certification
          Green Cards Expedited Processing
          Reentry Permits Waivers
          AC21 NAFTA Applications
          H,L,F,J Visas Global Transfers