Can I work on my F-1 OPT if my green card application through marriage to a US citizen is pending?

Asked over 1 year ago - Lafayette, IN

I have been on F1 status for 6 years. My husband is a citizen and we are getting married in 2 weeks. I will apply for green card right after. I will graduate a year from now and if my green card doesn't come through, i will apply for my F1 OPT to seek employment. will my F1 OPT be valid and usable even if my green card is pending?

Attorney answers (4)

  1. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . Why do you think that your green card won't come through?

    It probably makes no sense to use the OPT .. .it will cost money for the permit and will take the same 90 days as the temporary work permit you get when filing for the grencard.

    Meeting with an immigration lawyer, many of us use Skype for this.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Lalita Haran

    Contributor Level 14

    3

    Lawyers agree

    Answered . Most likely NO. You should consult an immigration attorney if you would like to know more. Best Wishes!
    Lalita Haran
    Attorney: Immigration Law
    13295 Illinois St ste 128
    Carmel IN 46032
    Ph: (317) 660-6174
    www.haranlaw.com

    Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. C. C. Abbott

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It is best to consult an experienced immigration attorney to review your options based on your goals, immigration history and employment desires. The issue of immigration intent will be a concern that needs examining.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more

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