Q: With an F-1 visa, can I apply for OPT while waiting for a marriage-based green card?
We will submit a marriage-based green card application in the coming weeks. I am a student on an F-1 visa that will expire on May 30th 2024. Can I apply for OPT while the green card application is underway? Thanks!
A:
Yes, as an F-1 student visa holder, you can apply for Optional Practical Training (OPT) while your marriage-based green card application is in progress. OPT allows you to work in your field of study for up to 12 months, and it can be extended for certain STEM degrees. Your eligibility for OPT is not affected by your pending green card application.
It's important to apply for OPT in a timely manner, as you must receive authorization from United States Citizenship and Immigration Services (USCIS) before you can start working. This process involves your school's international student office and USCIS. You should apply for OPT before the expiration of your F-1 visa, and remember that the application process can take several months.
Keep in mind that once you apply for a green card, your intentions change from nonimmigrant to immigrant. This change should not affect your OPT application, but it is something to be aware of, especially when traveling outside the U.S. during this period.
Given the complexities of immigration law and the high stakes involved, it may be wise to consult with an immigration attorney. They can provide specific guidance based on your individual circumstances and ensure that both your OPT application and green card process are handled correctly.
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