Skip to main content

Two I-765s submitted - first for OPT, and second through marriage. What happens now?

Hey guys,I am a student on an F-1 married to a US citizen. I will be graduating with my Masters in May. Before the Covid-19 situation escalated, two months ago, I had filed I-765 for STEM based OPT, which is still being processed. However, given the recent upheavals in immigration laws and because of nationwide shutdown, my US citizen spouse and I decided it would be a lot safer to apply for permanent residence through our marriage rather than wait for my OPT to be approved and then seek the H1B route. So, we submitted a family based permanent residence application last week.

As part of the family based permanent residence application, we also submitted another I-765 application since OPT-based I-765 and family based I-765 are treated under different case categories. Therefore, my questions are:

(1) Will having filed a new I-765 while my previous OPT based I-765 application is still pending cause a problem in our permanent residence application?

(2) If USCIS starts processing my permanent residence application before my OPT based I-765 is approved, will USCIS reject my OPT based I-765 application (since I have another I-765 application as part of my permanent residence application)?

(3) If my OPT-based I-765 does get approved before USCIS starts processing my permanent residence application, can I travel outside the US without an approved I-131 (since I would have an OPT-based EAD card)?

The last question is not as important as the other two, so if you're under time constraint, your advise on just the first two questions would be very helpful.

submitted by /u/NoNutNovember2029
[link] [comments]

source https://www.reddit.com/r/immigration/comments/gan909/two_i765s_submitted_first_for_opt_and_second/
Labels:

Popular posts from this blog

N-400 form {"data":null,"error":{"developerMessage":null,"userMessage":null}} message

A few questions: I filed my N400 naturalization on March 23, 2020. Nearly one year later on Feb 2021 they sent me a notice that they'll reuse my biometrics from my green card application, but they won't refund the biometric fee! At the same time April 2021 showed up on my account as the expected completion date. Last week, the status was "17 days". Today the estimated time of completion has disappeared!!! Any idea what that means? More importantly - When I click on "View PDF" link under "N-400 Application for Naturalization", to see my actual N-400 form, I get " {"data":null,"error":{"developerMessage":null,"userMessage":null}} " message! The form is also missing under "Documents -> Your Uploads" tab! So, it appears that my N400 form is missing! What does that all mean, considering that it's impossible to file without N400 form! Finally, under profile, My name is incorrectly sp...
Read more

Form I-485, Application to Register Permanent Residence or Adjust Status -

Uscis.gov - USCIS August 28, 2024 at 05:12AM Form I-485, Application to Register Permanent Residence or Adjust Status Edition Date: 08/28/24. Starting Oct. 28, 2024, we will accept only the 08/28/24 edition. Until then, you can also use the 04/01/24 edition. You can find the edition date at the bottom of the page on the form and instructions. from RSS Feed
Read more

NVC Case FE Review note

Hi everyone, my family and I are under the F3 category and we just received a notice from NVC that our documents have been approved and that we are Documentarily Qualified. My only concern is this message that we received today in addition to the acceptance: ​ " [Name of petitioner] does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p . To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted." ​ We already have a petitioner and a household sponsor (the household sponsor's income is above the required level), but still unsure why we received this. Has anyone else received this message? All of our documents say "Approved" on NVC. Does this mean we have to find another sponsor? Can we show the consular officer our ...
Read more