QUESTION

If I start a STEM application now and also file for green card with I485/I-30 forms before Feb, is my STEM application void?

Asked on Jan 06th, 2015 on Immigration - Texas
More details to this question:
I am currently on a F1 OPT which expires on Feb 17, 2015. At the end of this term I can renew it with STEM since my employer is e- verified and I have a STEM degree. I have an American fiancé and we were planning to marry soon. I have found online that green card processing takes about 6 /12 months. My question is if I am present at the time of application of my I30/I485 but my current OPT period expires (Feb) will I be considered living illegally if I don’t have my STEM application in process. I need to know if essential to apply for STEM for that purpose or I could be fine without it. If I start a STEM application now and also file for green card with I485/I-30 forms before Feb, is my STEM application void? Can I cancel STEM in that case?
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2 ANSWERS

Immigration Law Attorney serving Atlanta, GA
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Immediately upon filing of an Adjustment of Status based upon marriage to a U.S. citizen, your status will become "Applicant for Permanent Residence" and you lawfully may remain present in the U.S. That will be true regardless of whether the application is filed before or after your current OPT expires. The USCIS will issue an Employment Authorization Document ("EAD" or "work permit") within 60-90 days of filing, authorizing employment while your Adjustment of Status application remains pending. Filing an application to extend F1/OPT, and the timing of the filing, can presents complications, since that status is only for people who intend to remain temporarily in the U.S. for the purposes contemplated in the OPT application, and then depart. (This same complication does not exist for someone with an H1B application, since that type of visa recognizes "dual intent" - i.e. an intention to remain temporarily in compliance with the H1B and also an intention to remain permanently if that person becomes eligible to do so.) Both for achieving your long-term goals and for eliminating or minimizing any gap in your authorization for employment, it would be wise to engage an immigration attorney to learn all of the relevant details about your goals, your immigration-related history, your job, etc. in order to advise you about eligibilities, options and strategies.
Answered on Jan 07th, 2015 at 5:17 PM

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Business Immigration Attorney serving Houston, TX at Quan Law Group, PLLC
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Filing an adjustment does not make the STEM EAD extension void, but if you also file for an EAD with your I-485 it may not be necessary. Once your I-485 is filed, you can remain in the US even if the current STEM EAD expires. I would suggest scheduling a consult with an attorney.
Answered on Jan 07th, 2015 at 9:17 AM

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