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Old 08-08-2011, 05:51 PM
jamesingham jamesingham is offline
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Default Applying I-485 while Wife's OPT Application is Pending

I am on H1-B visa and my wife is on F1 Visa in the US. She recently completed her MS and applied for OPT approx. a month ago.

If my priority date becomes current, what options do I have when it comes to my wife's I-485 application.

Can she go ahead and apply for I-485 while her OPT application is pending with USCIS ? What happens to her I-485 application if her OPT gets approved and vice-versa.

I am in this complicated situation, please share any thoughts you may have.
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  #2  
Old 08-09-2011, 01:44 AM
abhishek101 abhishek101 is offline
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if your priority date in profile is right then you should not face this situation.

Just in case it happens you should go ahead and apply for your wife's 485 it will not affect your wife's OPT. I faced the similar situation we had to file both at the same time but we wanted to file for OPT first since it comes faster than the 485.

So we filed for my Wife's OPT and then started preparing for her 485. It took us nearly a month to finish her 485 papers and in the mean while her OPT got approved. But at that time we consulted few lawyers and all confirmed that those two apps are separate and do not affect each other.

On a side note if you filed for OPT about a month ago you should received OPT approved soon, without the other issue coming in picture.
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Old 08-11-2011, 12:08 PM
pappu pappu is offline
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