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Old 04-23-2012, 12:55 AM
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Join Date: Oct 2009
Posts: 20
sekharan can only hope to improve
Default F1 status violated after I-130 + I-485 filed?

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

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) -
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