ayaxarna Posted November 22, 2011 Report Share Posted November 22, 2011 My PD is April 2009 under the EB2 category and I am hoping this cut-off date is reached within the next few months. The question is about my spouse's filing status. She will soon be applying for OPT status as she will be completing her studies on an F-1 status/visa. Will her being on OPT, impact our ability to file her I-485. Thank you in advance for your time and responses. Link to comment
Belle Posted November 22, 2011 Report Share Posted November 22, 2011 No and a little bit. She may file once 90 days have passed since her last status extention (that's because F1 is purely non-immgrant visa, and one must not have immgrant intent while getting F1). I don't think filing for OPT constitutes a status extention, but check with your lawyer to be sure. Link to comment
JoeF Posted November 22, 2011 Report Share Posted November 22, 2011 As long as she is in valid status and the PD is current she can file an I-485. Link to comment
ayaxarna Posted November 23, 2011 Author Report Share Posted November 23, 2011 Belle/JoeF... Thank you for taking the time to respond. Link to comment
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