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Applying for the green card under EB1-EA category while working under the OPT STEM extension.

Published Sep 5,2014 By GCforPhD

Question:

I am  applying for the green card under EB1-EA category and I am working under the OPT STEM extension. I heard from someone that In case if I apply for both i140/i485 concurrently, if i140 denied the i485 also gets denied, subsequently my OPT status will get cancelled. Is it really true that my OPT status will get effected if the i140 or i485 gets denied.
 
I have OPT until April-2015.
 
Please advice,
 
Answer:
 
There is a risk here. But not exactly what you were told. If your I-140 and 485 get denied, your OPT is not going to be canceled. But you run the risk of denials on any OPT extensions. Also if you travel and need a F1 extension, consular officer ask “have you applied for I140 before”. If answer is yes, F1 extension can be denied. 
 
So if you do not need F1 extension or OPT extension beyond 2015 then you are ok. 
 
But given EB1a 140 approvals only take a few months, and priority dates being current why would you want to do concurrent filing?

 

 
Posted in EB1A
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