Can I apply for F1-OPT extension in the case that my I-130 was filed? 3 Answers as of September 08, 2014

My I130 was filed in March of 2014, and my F1-OPT is going to expire the end of September, 2014. Basically, I am qualified for F1-OPT extension since I have a STEM major and my current employer is e-verified. Can I apply for OPT extension when my I130 was filed? It seemed OPT and I130 conflict with each other upon the immigration/non-immigration intent. I do appreciate someone could be able to give me a definite answer. Thank you in advance!

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Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You would be best advised to not file for OPT extension. As part of the student visa, OPT does not allow for dual intent. You must have non-immigrant intent. It is highly unlikely the OPT extension would be granted. Even if granted you may have difficulty seeking adjustment of status or even entering the country after travel abroad, I would advise you to speak with an experienced immigration attorney in more detail as the answer may change depending upon the I-130 category.
Answer Applies to: New York
Replied: 9/8/2014
Alena Shautsova
Alena Shautsova | Alena Shautsova
You may try, but there is a high risk of denial. Who filed I 130 for you?
Answer Applies to: New York
Replied: 9/8/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Shouldn't be a problem as long as you are not traveling outside the US. That is really the only place the intent issue will come up.
Answer Applies to: California
Replied: 9/5/2014
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