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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.
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