Q: What are possible consequences of applying to an EB-2 green card during OPT?
I am talking about applying for the green card during the initial year of OPT. My concern is that applying for a green card suggests immigrant intent, while OPT/F-1 status is supposed to be non-immigrant. Can this cause the stem extension OPT to be denied?
A:
Applying for an EB-2 green card during your initial year of OPT can indeed signal immigrant intent, which might conflict with your F-1 status, intended for non-immigrants. This conflict could potentially impact your ability to receive a STEM OPT extension. U.S. immigration laws under California jurisdiction consider immigrant intent when assessing visa applications, and having an active green card application could raise questions about your non-immigrant status.
However, it's important to note that many students on F-1 status have successfully navigated this process. If you plan to apply for a green card, you should be prepared to explain your situation clearly during any visa interviews or applications for extensions. Consistency and clarity in your intentions and actions can help mitigate potential issues.
Consulting with an experienced immigration attorney can provide personalized guidance and help you understand the nuances of your case. They can help you assess your specific situation, potential risks, and the best strategy to move forward while maintaining your status and achieving your long-term goals.
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