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kastochha.
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Posted on 03-22-11 3:04
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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.
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Riten
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Posted on 03-23-11 9:11
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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.
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Gohtalo
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Posted on 03-23-11 11:56
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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
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Bidroh
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Posted on 03-23-11 12:00
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I'd apply for the OPT just to be on the safe side...
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ritthe
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Posted on 03-23-11 12:37
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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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