F-1/F-2 Student Visa/Optional Practical Training (OPT)
Will EB1A affect my application for OPT in the near future/
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I do have a major concern about my current visa status. I know filing EB-1a do not affect my F1 visa now, but is there any chance that it may affect my application for OPT in the near future? If so, do you suggest me to get my OPT first, then start the filing process?
If you try to apply for OPT after filing the I-140, you may have problems for the reason that the F visa does not allow immigrant intent, and by filing the I-140 you will be showing your intent to immigrate, to some extent.
The immigration officer will review the surrounding factors to determine if you have shown immigration intent when reviewing your OPT application, such as keeping a foreign residence, etc. If they determine you have shown immigration intent, your OPT application might be denied.
You can wait until you get your OPT before filing your I-140 or you may wish to concurrently file the I-140 and I-485. By filing an I-485 you will have a valid visa status based on your pending I-485 known as AOS (adjustment of status). This AOS visa status allows you to stay in the US while your I-485 is pending. With the I-485 you can file an I-765 to apply for an Employment Authorization Document (EAD) (no additional filing fee). You can use the EAD to work in the US while your I-485 is pending. Once USCIS receives your I-765 it takes 1-3 months to get the EAD.
Please note that there is a risk with filing your I-485 before your I-140 is approved - if your I-140 is ultimately denied, your I-485 and any dependent I-485s will be automatically denied and you will lose the I-485 filing fees ($1,070 per person, $985 for children under 14). You will also lose your AOS status and EAD.
