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Does OPT have negative effect on my greencard application?

Does OPT have negative effect on my greencard application?

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Old Dec 5th 2002, 2:02 am
  #1  
Yi Chen
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Default Does OPT have negative effect on my greencard application?

Hi:

I am an international student on F-1 VISA.
I was engaged with a citizen and we plan
to get married in January, 2003. I just got
a job offer, which requires me to start
as soon as possible. I was told that
OPT (Optical Practical Training) takes up to
90 days to get approved, and it seems
that it takes longer then that to get
the PR proved here in Nebraska. I was
wondering if it is advisable to apply
for OPT now. Will OPT bring any trouble
for the application of permanent residency?

Thanks,

Yi
 
Old Dec 5th 2002, 2:51 pm
  #2  
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Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Does OPT have negative effect on my greencard application?

Originally posted by Yi Chen
Hi:

I am an international student on F-1 VISA.
I was engaged with a citizen and we plan
to get married in January, 2003. I just got
a job offer, which requires me to start
as soon as possible. I was told that
OPT (Optical Practical Training) takes up to
90 days to get approved, and it seems
that it takes longer then that to get
the PR proved here in Nebraska. I was
wondering if it is advisable to apply
for OPT now. Will OPT bring any trouble
for the application of permanent residency?

Thanks,

Yi
Hi:

Not at all. In fact, it gives you an advance reason to apply for your EAD. Not too shabby.

Also, being a pessimist that lawyers tend to be -- everyone assumes that the they and their spouse will live forever and the marriage will be forever -- and then they get into their car.

There is a 1974 BIA case called Matter of Hosseinpour which states that filing for LPR via marriage is NOT a violation of non-immigrant student status [and make no mistake about it -- OPT is a flavor of F-1 status]. So, that is another reason to apply for OPT.
Folinskyinla is offline  
Old Dec 5th 2002, 3:25 pm
  #3  
Tai Tze Hou \
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Posts: n/a
Default Re: Does OPT have negative effect on my greencard application?

Hi Yi,

From my knowledge, as long as you r not married to your citizen partner, you
can go ahead with your OPT application. Upon marrying your partner, you will
have to go through AOS and that allows you will apply for the same EAD card
that allows you to work under OPT. Since, if you have an EAD base on your
OPT, i doubt you will need to apply for another base on AOS.

Anyway, i doubt the OPT thing will bring any problem with regards to your PR
application.

Alvin


----- Original Message -----
From: "Yi Chen"
Newsgroups: alt.visa.us.marriage-based
Sent: Wednesday, December 04, 2002 10:02 PM
Subject: Does OPT have negative effect on my greencard application?


    > Hi:
    > I am an international student on F-1 VISA.
    > I was engaged with a citizen and we plan
    > to get married in January, 2003. I just got
    > a job offer, which requires me to start
    > as soon as possible. I was told that
    > OPT (Optical Practical Training) takes up to
    > 90 days to get approved, and it seems
    > that it takes longer then that to get
    > the PR proved here in Nebraska. I was
    > wondering if it is advisable to apply
    > for OPT now. Will OPT bring any trouble
    > for the application of permanent residency?
    > Thanks,
    > Yi


"Yi Chen" wrote in message
news:[email protected]...
    > Hi:
    > I am an international student on F-1 VISA.
    > I was engaged with a citizen and we plan
    > to get married in January, 2003. I just got
    > a job offer, which requires me to start
    > as soon as possible. I was told that
    > OPT (Optical Practical Training) takes up to
    > 90 days to get approved, and it seems
    > that it takes longer then that to get
    > the PR proved here in Nebraska. I was
    > wondering if it is advisable to apply
    > for OPT now. Will OPT bring any trouble
    > for the application of permanent residency?
    > Thanks,
    > Yi
 

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