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Extedning OPT (Trough STEM 24month) while waiting for EB-2.

Published Feb 4,2019 By Enrique Samudio

So I’m currently on a F1 Visa and OPT. The company I currently work for sponsored and supported my application for EB-2 visa with a National Interest Waiver . Now I’m also eligible for a STEM OPT 24 month extension. I was thinking of applying for this extension in case my EB-2 gets denied. Or takes longer than expected which will mean my current OPT will have expired.  Will this affect my EB-2 application? What do you guys recommend for me to do?

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Tigran Kalaydzhyan
Tigran Kalaydzhyan
5 years ago

Hi Enrique,

It makes sense to get the OPT before applying for the green card, because you may not be able to get the extension once the I-140/I-485 is filed. This is due to the so-called conflict of intents (immigrant vs. nonimmigrant). Getting F1-OPT before filing for the green card does not create the conflict.

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