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Could I apply for F1-OPT while Immigration Visa(counselor visa processing) is pending?

Published Mar 22,2019 By FARUK HOSSAIN

Hello,

I have got I-140 approved (EB2-NIW). I want to undergo counselor visa processing instead of AOS. My I-20 and VISA would expire in December 2019. If I undergo counselor processing could I apply for F1-OPT while my counselor visa processing is pending? Any advice is appreciated.

Thanks so much.

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Tigran Kalaydzhyan
Tigran Kalaydzhyan
4 years ago

Hi Faruk,

Congratulations with I-140 being approved! You should not apply for F1-OPT while your green card consular processing is pending, because it will create a conflict of intents. Please keep in mind, that (if your priority date is current) you can file I-485 and stay/work in the country legally while the adjustment of status is pending. In other words, even if your F1 expires and I-485 is pending, you can stay and work in the U.S.

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