QUESTION

Do i have to apply for OPT(f1 status) even i file for i765 through my husband who is a citizen?

Asked on May 17th, 2014 on Immigration - District of Columbia
More details to this question:
we got married on dec, 2013 and submited document for I765 and other for greencard in march. However, i graduated in may and my F1 status ends there, however to maintain the status they said i have to apply for OPT as soon as possible. Since OPT and I765 both are workpermit, do i have to file both? I call USCIS and the lady said i dont have to file I765, but my International advisor from my college says I have to. I am confused. what should i do? I dont want to have any trouble later.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
It is up to you as to whether you wish to maintain F-1 status or just go through your husband's petition with the attendant I 765 employment authorization. The favorable factor of keeping F-1 status is that you may be able to use it as a backup in the event that anything goes wrong with your marriage case. Without it, you would be wholly dependent on your adjustment of status application to keep you legally in the country.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Jun 08th, 2014 at 8:01 PM

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