I am about to graduate in May 12th . I won DV lottery and have already submitted the required documents like i485 and i765 (April 17th) . I just did my biometrics test yesterday and now waiting for the interview letter. I do not know how long it will take.
My question is, do I have to apply for OPT before I graduate just to stay in status before my interview for green card?
What do I tell the International Office in my school that is telling me I might loose my status if I do not file one.
The only confusion is that since I have already filed i765 do I have to file it again as an F1 student to maintain status until the interview..
To be able to adjust status in the USA based on the DV GC "lottery", you must make sure to remain in valid non-immigrant status until the very day you are interviewed at your USCIS district office. Thus, do whatever you have to do to preserve your F-1 status ("OPT').
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Generally, as a DV recipient you should be maintaining your non-immigrant status while waiting for your Green Card adjustment to go through. You can tell your International Office that you have applied for an adjustment but that you need to maintain F-1 status while waiting. You should not have to file for a new EAD. You'll likely receive your EAD through adjustment in about 90 days, which will coincide with your OPT time. You should still seek out employment and report it within 90 days of starting OPT in order to avoid termination of your F-1 status.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
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