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OPT after green card application

Hey guys. I am a PhD student at Johns Hopkins and I am thinking of applying a green card right now. If, for some reason I do not get it, could that jeopardize my application for OPT after I graduate, since I have expressed an intent to immigrate with my green card application?

3 Responses to OPT after green card application

  • GCforPhD says:

    Hi

    You are correct. If an USCIS officer granting the OPT notices that your had applied for a permanent residency (irrespective of whether it is approved or not), he may decide to deny the OPT or OPT extension applications. We only suggest F1 visa holders to apply if they are confident of their success and do not anticipate a need for OPT or extensions.

    Best wishes
    GCforPhD

  • Gambhini says:

    I am a post-doctoral research scholar. Graduated with a PhD in Dec 2014. I am on F1-OPT which ends in July (2015). I applied for an OPT extension last week. I want to apply for a green card using the NIW (Self-Petition).

    My questions are :
    1. Am I eligible whilst my OPT extension case is pending? Or should I apply after July (once I receive my OPT extension).

    2. Can I apply for a green card using the NIW channel when I am on OPT (F-1) in the first place.

    Thank you.

    • GCforPhD says:

      Hi

      1. It is better to apply after your OPT extension is granted. This will maximize the use of your OPT and you will not have to worry about denial of OPT extensions.
      2. You can apply while on a F1 visa. But please be aware that if you need a visa extension (extension of visa stamp on your passport) after your GC application, USCIS may not grant it. You should check to make sure that green card processing would be complete before you would need any further visa extensions from USCIS. Green card processing times depend on the category (NIW in your case) and the applicants country of birth.

      Best wishes
      GCforPhD

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