| 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)
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