F-1/F-2 Student Visa/Optional Practical Training (OPT)
If I apply Eb1a before my OPT expires, I am wondering if it will affect my application for OPT extension.
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I have two concerns for my application:
1) I am using F1-OPT, which will expire in July 2014, and I need extend it for another 19 month. If I apply Eb1a before my OPT expires, I am wondering if it will affect my application for OPT extension.
2) My wife is going to apply F2 visa next month, and she will come to US in March. Do I need wait until she comes here?
1) If you try to apply for your OPT extension after having filed the I-140, you may have problems for the reason that the F visa does not allow immigrant intent, and by filing the I-140, you will be showing your intent to immigrate, to some extent.
The immigration officer will review the surrounding factors to determine if you have shown immigration intent when reviewing your OPT extension request, such as keeping a foreign residence, etc. If they determine you have shown immigration intent, your OPT extension request might be denied.
You may wish to concurrently file the I-140 and I-485 for adjustment of status. By filing an I-485 you will have a valid visa status based on your pending I-485 known as AOS (adjustment of status). This AOS visa status allows you to stay in the US while your I-485 is pending. With the I-485 you can file an I-765 to apply for an Employment Authorization Document (EAD) (no additional filing fee). You can use the EAD to work in the US while your I-485 is pending. Once USCIS receives your I-765 it takes 1-3 months to get the EAD.
Please note that there is a risk with filing your I-485 before your I-140 is approved - if your I-140 is ultimately denied, your I-485 and any dependent I-485s will be automatically denied and you will lose the I-485 filing fees ($1,070 per person, $985 for children under 14). You will also lose your AOS status and EAD.
2) No, it is not necessary for your wife to be in the US at the time you file your I-140. But, she will not be eligible to file the I-485 for adjustment of status unless she is in the US.
