Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

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.


I am in the process of applying for EB1-A in April 2018. I want to go with best case scenario that my I-140 is approved. I will not be able to apply for adjustment of status as I am from India due to the new visa bulletin news. My OPT ends August 2018. Just like in 2016 and 2017 if adjustment of status becomes current for Indians in October 2018 what are my options of staying beyond my OPT expiration date of August 2018? Is there a way I can stay for the next 3/4 months until I can submit my adjustment of status. Also, how long would that take?

Thank you

One Response to EB1-A

  • Tigran Kalaydzhyan says:

    Hi Dee,

    To my knowledge, you can stay in the U.S. for 60 days after the F1-OPT expires. However, since I have not done it myself, neither I know anyone who stayed for that period of time, I recommend you to contact a qualified attorney to clarify this question (for most of immigration lawyers the first consultation is free and you can ask more questions). Pending or approved I-140 will not allow you to stay in the U.S. by itself if your status expires. In the previous two years the same problem with India priority dates took place for a couple of months and then it returned to “current”, so let’s hope it will be the same this year. Once your date becomes current, you will be able to file I-485. Pending I-485 will allow you to stay in the U.S. even if F1 expires. I-485 processing time varies, but I would say, 3 months is a reasonable estimate, even though it may take much longer.
    Meanwhile you can discuss the situation with your current employer, because they may provide J1 or H1B, so you continue working for them after the F1 expires.

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