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.
Optional practical training and i-140 application
Published Jul 30,2013
By GCforPhD
Question
Now I’m having a post doc position under my OPT and I ‘m planning to submit my i140 self-petition in late July. My question is if I change my job from post doc position to a university lecturer position in this September (if I get the offer) will this affect any of my application process?
Answer:
No. It wont affect your self-petition application as long as you are working in the same general area.
Question:
As you have mentioned earlier it’ll be harder to extend OPT after GC is filled. Now I’m in my one year OPT period which will be expired on May 16th 2013. I have to appeal for OPT extension which is valid for another 17 months, may be in Feb, 2013. If I apply for GC, after applying for OPT extension (may be in March) will this affect any of the cases?
Or is it better to wait until I get the OPT extension, and then apply for GC?
Thank you very much,
I really appreciate your help.
Answer:
As long as you do not anticipate a need for further extensions and are sure that your i-140 would be approved within the OPT period, you would have no problems. However if you anticipate that your i-140 may not be approved before your OPT expires then it is better to either extend it or apply for a GC while on a H1B visa.
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Becky
7 years ago
Hi,
If you have a pending self petitioned EB2 NIW I 140, I 485, I 765 and I 131 and currently on STEM OPT which expires soon, how will this affect NIW applications? Also, If you self petition EB2 NIW and you are on a job contract which ends whiles your case is pending, does that have any implications? What is the best way to handle such situation
1. Expiring OPT will not affect your pending EB2 NIW and related applications. However your OPT may be harder to get an extension given the fact that you have applied for an immigration visa.
2. Your expiring job contract will not in general affect your NIW application process. USCIS in general requires that you continue to (or intend to) work in the same area of work mentioned in the application process.
Best wishes
GCforPhD
Eileen
6 years ago
I am about to file for OPT extension and EB2-NIW, I plan on submitting OPT extension first, and then within the same month file I-140. Would the I-140 filing affect my chance of getting my OPT extension? And vice versa? Thank you!
Filing I-140 may prevent you from obtaining F1-OPT, since by doing so you will demonstrate the immigrant intent which is in contradiction with the non-immigrant intent of F1.
Abbie
5 years ago
I’m on OPT expiring on August 7th and am preparing to apply for OPT STEM extension this week. Today I received the approval notice of I-140. If I go ahead for OPT STEM extension to extend employment authorization for 180 days from the expiration of the OPT EAD, then file I-485 afterwards, would I have any problem with I-485 or getting GC later?
Congratulations with the I-140! You may not be able to extend OPT with I-140 filed and approved, because this will create a conflict in intents (immigration vs. non-immigration). I do not know the details of your case, but in most cases, it would makes sense to file I-485 immediately together with I-765 (Application for Employment). If you need more information, please provide more details (such as the category of I-140 and your country of birth) and feel free to ask further questions in this thread.
EAD allows you to work, but to be able to travel (reenter the U.S.) you will need a valid F1 visa stamp in the passport.
Marco
2 years ago
Hello,
I am currently on F1 and completing my PhD program at the end of July 2022. I have been just approved with I-140 with NIW petition. Since I-485 processing time is long and I would like start working in August, I plan to apply for OPT and at a later date move to the GC. Is there any issue with this?
Is there any reason why you do not plan to use an EAD that you will get as a result of applying for the adjustment of status? You will file I-765 together with I-485 and will be able to work while I-485 is pending.
Hello thanks for the update. I have not decided to do so because to my knowledge the EAD for pending I-485 takes even longer than I-485 itself. I need work authorization from August and I am planning to do OPT
In the end I have decided to go with the consular processing application instead with the adjustment of status. I have recently submitted my documents to the national visa center.
Now I am wondering: can I apply for OPT on my F1 Visa ? I am graduating in August and need work authorization until I get the Green Card appointment at the embassy in my country and get the stamp for work authorization.
You may not be able to renew F1 (and hence obtain the work authorization) while your application in NVC is pending. This is due to conflict of intents (immigration vs non-immigration). Please consult with a qualified attorney regarding your case.
Uluc Degirmenci
1 year ago
Hello,
I am currently on STEM OPT Extension and am planning to apply for a GC. I am wondering what would happen if my EAD/OPT expired during the process? Would it be possible to get an extension or some sort of temporary visa if my I-140 was to be approved before the end of the OPT period or is there a different threshold?
The answer will depend on your nationality (country of birth) – could you please let us know and we will answer based on that information.
Hanurang
1 year ago
Hi, I am an Indian citizen currently working in the US on STEM-OPT work authorization. I don’t have an H1-B visa yet.
I filed for EB2-NIW i-140 in June this year. I expect to get the result of the application within the next 6 months. My STEM-OPT will expire in 12 months.
What are my options?
Will I be able to apply for an H1-B (non-immigrant work) visa? If not, and if I am not qualified for other visa such as O-1, what are my options to continue to work in the US once my STEM-OPT expires?
If I am eligible to apply for H1-B, but don’t get it before my STEM-OPT expires, what can I do in this case ?
Yes, you should be able to apply for H1B if you find an employer willing to sponsor you. Once your STEM-OPT expires, you will have a 60-day grace period to leave the U.S.
As an alternative, you may be able to apply for J1 while I-140 is pending. However, this is a gray area (meaning, in theory it should be impossible, but in reality many people do this) and you will need to consult with an HR department of your future employer.
Akib Jabed
8 months ago
Hi, I have an approve I-140 NIW and applied for the AOS on March 07. Recently, I have received a job offer, which is required to show proof of work eligibility from August 15. Thus, I have applied for the premium F1-OPT. Today I see that my I-765 applied with the I-485 shows “case closed as the benefits received by other means”. Does it indicate that I will receive the OPT EAD but not the GC one? Besides, as I have an approved I-140, thus, is there a need for my employer to sponsor me? Kindly provide valuable insight. Thanks
OPT EAD premium processing time is 30 days, so you should find this out soon. Please consult with a qualified attorney, if you don’t get your EAD. You can also communicate your situation with your employer to avoid confusion.
Sudip
8 months ago
Hi, I am currently on Stem OPT and the EAD expires soon. I have an approved NIW I140. However, due to the current situation, I am not allowed to file I485. I am worried that my EAD might expire before I can file I485 and subsequent I765 to get the work authorization. Is there any other way to get the EAD?
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.
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Hi,
If you have a pending self petitioned EB2 NIW I 140, I 485, I 765 and I 131 and currently on STEM OPT which expires soon, how will this affect NIW applications? Also, If you self petition EB2 NIW and you are on a job contract which ends whiles your case is pending, does that have any implications? What is the best way to handle such situation
HI
1. Expiring OPT will not affect your pending EB2 NIW and related applications. However your OPT may be harder to get an extension given the fact that you have applied for an immigration visa.
2. Your expiring job contract will not in general affect your NIW application process. USCIS in general requires that you continue to (or intend to) work in the same area of work mentioned in the application process.
Best wishes
GCforPhD
I am about to file for OPT extension and EB2-NIW, I plan on submitting OPT extension first, and then within the same month file I-140. Would the I-140 filing affect my chance of getting my OPT extension? And vice versa? Thank you!
Hi Eileen,
Filing I-140 may prevent you from obtaining F1-OPT, since by doing so you will demonstrate the immigrant intent which is in contradiction with the non-immigrant intent of F1.
I’m on OPT expiring on August 7th and am preparing to apply for OPT STEM extension this week. Today I received the approval notice of I-140. If I go ahead for OPT STEM extension to extend employment authorization for 180 days from the expiration of the OPT EAD, then file I-485 afterwards, would I have any problem with I-485 or getting GC later?
Hi Abbie,
Congratulations with the I-140! You may not be able to extend OPT with I-140 filed and approved, because this will create a conflict in intents (immigration vs. non-immigration). I do not know the details of your case, but in most cases, it would makes sense to file I-485 immediately together with I-765 (Application for Employment). If you need more information, please provide more details (such as the category of I-140 and your country of birth) and feel free to ask further questions in this thread.
Hi Abbie, I have similar situation. Did you get your opt stem extension after getting I-140 approved?
Hi Abbie. Did you get your opt stem extension after getting I-140 approved?
Can I travel on STEM OPT EAD with a withdrawn EB1A petition?
EAD allows you to work, but to be able to travel (reenter the U.S.) you will need a valid F1 visa stamp in the passport.
Hello,
I am currently on F1 and completing my PhD program at the end of July 2022. I have been just approved with I-140 with NIW petition. Since I-485 processing time is long and I would like start working in August, I plan to apply for OPT and at a later date move to the GC. Is there any issue with this?
Hi Marco,
Is there any reason why you do not plan to use an EAD that you will get as a result of applying for the adjustment of status? You will file I-765 together with I-485 and will be able to work while I-485 is pending.
Hello thanks for the update. I have not decided to do so because to my knowledge the EAD for pending I-485 takes even longer than I-485 itself. I need work authorization from August and I am planning to do OPT
In the end I have decided to go with the consular processing application instead with the adjustment of status. I have recently submitted my documents to the national visa center.
Now I am wondering: can I apply for OPT on my F1 Visa ? I am graduating in August and need work authorization until I get the Green Card appointment at the embassy in my country and get the stamp for work authorization.
You may not be able to renew F1 (and hence obtain the work authorization) while your application in NVC is pending. This is due to conflict of intents (immigration vs non-immigration). Please consult with a qualified attorney regarding your case.
Hello,
I am currently on STEM OPT Extension and am planning to apply for a GC. I am wondering what would happen if my EAD/OPT expired during the process? Would it be possible to get an extension or some sort of temporary visa if my I-140 was to be approved before the end of the OPT period or is there a different threshold?
Dear Uluc,
The answer will depend on your nationality (country of birth) – could you please let us know and we will answer based on that information.
Hi, I am an Indian citizen currently working in the US on STEM-OPT work authorization. I don’t have an H1-B visa yet.
I filed for EB2-NIW i-140 in June this year. I expect to get the result of the application within the next 6 months. My STEM-OPT will expire in 12 months.
What are my options?
Will I be able to apply for an H1-B (non-immigrant work) visa? If not, and if I am not qualified for other visa such as O-1, what are my options to continue to work in the US once my STEM-OPT expires?
If I am eligible to apply for H1-B, but don’t get it before my STEM-OPT expires, what can I do in this case ?
Hi Hanurang,
Yes, you should be able to apply for H1B if you find an employer willing to sponsor you. Once your STEM-OPT expires, you will have a 60-day grace period to leave the U.S.
As an alternative, you may be able to apply for J1 while I-140 is pending. However, this is a gray area (meaning, in theory it should be impossible, but in reality many people do this) and you will need to consult with an HR department of your future employer.
Hi, I have an approve I-140 NIW and applied for the AOS on March 07. Recently, I have received a job offer, which is required to show proof of work eligibility from August 15. Thus, I have applied for the premium F1-OPT. Today I see that my I-765 applied with the I-485 shows “case closed as the benefits received by other means”. Does it indicate that I will receive the OPT EAD but not the GC one? Besides, as I have an approved I-140, thus, is there a need for my employer to sponsor me? Kindly provide valuable insight. Thanks
OPT EAD premium processing time is 30 days, so you should find this out soon. Please consult with a qualified attorney, if you don’t get your EAD. You can also communicate your situation with your employer to avoid confusion.
Hi, I am currently on Stem OPT and the EAD expires soon. I have an approved NIW I140. However, due to the current situation, I am not allowed to file I485. I am worried that my EAD might expire before I can file I485 and subsequent I765 to get the work authorization. Is there any other way to get the EAD?
You need to talk to your employer about this situation.