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kastochha
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 Immigration help
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Posted on 03-22-11 3:04 PM     Reply [Subscribe]
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Hey guys,
                      I applied for permanent residency through marriage and I am under F1. My wife is a US citizen. Now, I have applied it should it matter for me to continue going to school until the petition has been approved. I am graduating in 2 months, and I am wondering whether I need to apply for OPT or not since I have already filed I-130 last week, and it probably going to take 4-6 months to get the approval letter. What status am I in right now before approval.
Thank you.
 
Posted on 03-23-11 9:11 AM     [Snapshot: 271]     Reply [Subscribe]
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 Not a lawyer here, but common sense dictates that until your AoS is approved, yo should continue to operate as F1 and apply for OPT.  However, since you are married to a US citizen, the penalty of not doing so might be negligible.  Furthermore, until you get employment authorization or green card, how do you expect to work without OPT?  Hope this helps.
 
Posted on 03-23-11 11:56 AM     [Snapshot: 332]     Reply [Subscribe]
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i think u can concurrently file i485 with it apply EAD and AP at same time should take you around 3 months to get EAD

 
Posted on 03-23-11 12:00 PM     [Snapshot: 336]     Reply [Subscribe]
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 I'd apply for the OPT just to be on the safe side... 
 
Posted on 03-23-11 12:37 PM     [Snapshot: 374]     Reply [Subscribe]
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Applying an I-130 or even having an approval of I-130 or I-485 doesn't give you any visa status in US. You have to sit for an interview and have to have your visa approval at the interview.
 


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