May I apply for an F1-OPT extension in the case that my I-130 was filed? 1 Answers as of September 09, 2014

First I would like to express my gratitude to these attorneys who replied to my previous post rapidly and generously. One of them asked about who filed my I130. My husband is a permanent resident, and my I-130 was filed under the category of F2A (approved in this March). Well, I am posting this again and thank you a lot for your kind response. Below is my previous post: "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
As part of the F-1 visa OPT does not allow for dual intent. You would likely be denied an extension given you are the beneficiary of an approved I-130. In addition, even if approved, you would likely be unable to adjust status in the United States once the priority dates becomes current.
Answer Applies to: New York
Replied: 9/9/2014
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