F-1/F-2 Student Visa/Optional Practical Training (OPT)
140 and 485 with F1 Visa?
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I have a question about my wife's visa status. She has a F-1 visa and her OPT starts from Jan. 2nd (today). She hasn't got any job offer so far. She is only allowed to have a total of 90 days of unemployment in her 12 month period of OPT. We plan to submit both 140 and 485 in this 90 days window. My question is: If our 485 is still pending at the end of this 90-day window, does she need to transfer her Visa to F-2 if she hasn't got a job offer, or she can just wait for its approval?
Your wife will still be considered in proper status if you file the I-485 before her 90 days of unemployment are up. Once the I-485 is filed, she will not be able to switch to F-2 because that is a non-immigrant visa, and filing the I-485 demonstrates immigrant intent. It is okay if her NIV status expires after filing the I-485. With a pending I-485, you have a temporary legal status called Adjustment of Status (AOS) which allows you to stay in the US while your I-485 is pending even if you lose your NIV status. Therefore, so your wife will be fine if she loses her OPT due to unemployment while the I-485 is pending.
