Can i apply for OPT?
UPDATED: Oct 1, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can i apply for OPT?
I am f1 student married to GC holder and
got i130 approval, can i apply for OPT?
Asked on November 8, 2017 under Immigration Law, Florida
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
NO, you are not eligible to apply for empoyment authorization because you don't have a pending I-485 and you cannot apply for anything on the basis of your F-1 most likely because you now have immigrant intent by virtue of the I-130 being filed and approved. I would suggest that you watch the visa bulletin closely and apply for I-485 as soon as you are able to and that will start your process of adjustment of status which will also entitle you to temporary empoyment authorization document.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.