Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.
OPT after green card application
Published Apr 3,2015
By Regina
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?
Posted in OPT
Subscribe
3 Comments
Oldest
Newest
Inline Feedbacks
View all comments
Author
GCforPhD
10 years ago
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
10 years ago
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.
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.
Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
Strictly Necessary Cookies
Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.
If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.
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
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.
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