OPT for student with I-130 pending

Asked 5 months ago - Boston, MA

Hi,

I am a F1 student in 2nd year of graduation. Can I get my OPT granted, if my I-130 application is pending pending? What measures can I take?

Thank you.

Additional information

Do you mean that I cant get my OPT granted?

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . Theoretically yes, but you might have a serious hurdle to overcome that of the immigrant intent.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Nelson K. Brill

    Contributor Level 5

    Answered . Hi,
    It is very important that you seek a consultation with an immigration lawyer who can learn everything about what has happened so far in your case and give you a sense of your strategy in seeking OPT in a situation where there may be an issue with your nonimmigrant intent preserved for your F-1 visa, especially if your I-130 is for an immediate relative category. You really should seek a consultation to discuss all of this with an immigration lawyer who can map out a strategy or let you know, in person, all of the law in this area. Hope this is helpful to you.

  3. Alexander M. Ivakhnenko

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I would definitely consider hiring a professional immigration counsel as such manipulations may trigger immigration intent complications with subsequent bars for adjustment for perjury.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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