N N
Sep 16, 2023
Stem OPT pending. Can I apply for Adjustment of status?
I have a question about filing my I-485.
I have an approved i-140.
The USCIS has indicated that we can use the filing date to file in October. The filing date's limit is 1Jan23 and my processing date is 19Dec22, meaning I can apply for the adjustment of status in October.
I applied for stem opt 63 days ago and i am still waiting for it to be approved. I am in the 180 days stem period while waiting for approval.
My question is that if my stem opt is not approved before October, is it still okay to apply for the adustment of status? Will putting in the I-485 cause my stem opt application to be rejected?
I was thinking that since premium processing is available for stem opt (30 days to give decision) and i don't want to risk losing my ability to work and support my family, will it be a wise decision to quickly put in a premium processing request on 18th Sept and hope to get the approval latest by 18th Oct, then I can file the I-485 by 20th October? Please let me know what you think. Thank you.
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m pSep 16, 2023
Applying I-485 doesn’t compromise your F-1 status. It is saperate until you use I-485 benifit or enter US after you file I-140. Stem opt can be approved before or after filing I-140 or I-485.
N NSep 16, 2023
@ad m and @M P thank you. I think you are both right. It is just too risky if it affects the stem approval so I might have to look at premium processing.
Sa OSep 16, 2023
@M P In my situation, I haven't applied for STEM OPT since I'm in the final semester of my PhD and have an approved I-140 with PD of 12/06/2022. Does this mean I can proceed with an adjustment of status application before submitting my STEM OPT application? I'm concerned if there might be a conflict. Thank you for your advice.
AH NioSep 16, 2023
@Sa O you have two options. 1: Apply for OPT and get it approved then proceed to AOS. Need 2-3 months.
2: Apply for AOS, get EAD to work. Use your combo card for employment and traveling . If you have a job offer, you can send job offer to expedite the processing.
Think about pros and cons and decide.
m pSep 16, 2023
Apply for AOS depends on your PD and category. Stem OPT will be processed even after you file I-485. My advise is Apply I-485 as soon as possible and apply OPT whenever you can and maintain your status (and until apply AOS)
Sa OSep 16, 2023
@M P and @AH Nio thank you so much!
