sekharan
04-22-2012, 11:55 PM
I am a student on F1 Visa and have completed all my graduate courses and am continuing status based on my part time (<20h/week) CPT for the last 2 years.
I would like to start working on my OPT ("regular" or post completion; the one you do after you are done with your graduation) in 8 months.
Some questions:
1. Would my application to USCIS for my post completion "regular" OPT be harmed in any way due to my part time (<20h/week) CPT for the last 2 years?
I read somewhere that you cannot apply for OPT if you did more than one year of CPT, and my DSO said the same but he asked me to consult a lawyer who often comes to campus.
2. My girlfriend recently filed her N-400 and we are waiting for her interview date to arrive.
If the interview happens in 6 months and gets her citizenship, she can file I-130 + I-485 for me, right?
However, I intend to graduate in 8 months and this might leave me with a situation where::
a. I have already/am just about to file for my OPT
b. she filed I-130 + I-485 for me
and both the above are pending at the same time for approval from USCIS.
In such a situation, could my OPT application be denied by USCIS solely based on a I-130 + I-485 filing?
I am referring to: F1/OPT and 485- Ignorance is not bliss (http://forums.immigration.com/showthread.php?115661-F1-OPT-and-485-Ignorance-is-not-bliss)
3. If my OPT application is denied so, will her I-130 + I-485 filing grant me an immediate work permit + permission to stay in the U.S.?
4. Will I cease to exist as a F1 student from the date she files I-130 + I-485 for me, or would that happen ONLY if that application is accepted (and I can continue to be a F1 student if her application is denied for some reason) -
I would like to start working on my OPT ("regular" or post completion; the one you do after you are done with your graduation) in 8 months.
Some questions:
1. Would my application to USCIS for my post completion "regular" OPT be harmed in any way due to my part time (<20h/week) CPT for the last 2 years?
I read somewhere that you cannot apply for OPT if you did more than one year of CPT, and my DSO said the same but he asked me to consult a lawyer who often comes to campus.
2. My girlfriend recently filed her N-400 and we are waiting for her interview date to arrive.
If the interview happens in 6 months and gets her citizenship, she can file I-130 + I-485 for me, right?
However, I intend to graduate in 8 months and this might leave me with a situation where::
a. I have already/am just about to file for my OPT
b. she filed I-130 + I-485 for me
and both the above are pending at the same time for approval from USCIS.
In such a situation, could my OPT application be denied by USCIS solely based on a I-130 + I-485 filing?
I am referring to: F1/OPT and 485- Ignorance is not bliss (http://forums.immigration.com/showthread.php?115661-F1-OPT-and-485-Ignorance-is-not-bliss)
3. If my OPT application is denied so, will her I-130 + I-485 filing grant me an immediate work permit + permission to stay in the U.S.?
4. Will I cease to exist as a F1 student from the date she files I-130 + I-485 for me, or would that happen ONLY if that application is accepted (and I can continue to be a F1 student if her application is denied for some reason) -