Do I need to change my status immediately after I-140 approval while on OPT?

If your I-140 is approved while you are on OPT, it is not necessary to change your status immediately. You can continue working on OPT until it expires and then switch to H-1B once it is approved.

Visa Verge
By Visa Verge - Senior Editor 8 Min Read

Key Takeaways:

  1. Understanding OPT and I-140 Approval: OPT allows F-1 visa students to gain work experience; I-140 approval is a step towards permanent residency.
  2. Next Steps After I-140 Approval: Maintain legal status, watch the Visa Bulletin, and consult an immigration attorney for personalized advice.
  3. Benefits of Adjusting Status: More stability, career growth, and a step closer to U.S. citizenship. Plan carefully and stay informed.

Understanding OPT and Its Connection with I-140 Approval

Optional Practical Training (OPT) provides a unique opportunity for students in the United States on an F-1 visa to gain practical work experience in their field of study. If you’re currently on OPT, you might wonder about the next steps after receiving an I-140 approval, which is a petition for alien workers and a crucial step towards permanent residency.

Is Immediate Change of Status Necessary After I-140 Approval?

When your I-140 petition is approved while you’re on OPT, you’re not required to change your status immediately. Your OPT typically remains valid until its expiration date, and you may continue to work under OPT terms as long as you comply with all the conditions and reporting requirements.

However, an approved I-140 does represent significant progress in your path towards a green card. It’s essential to understand the implications of this milestone and strategize your next steps carefully.

Planning Your Immigration Path: What Comes After I-140 Approval?

  • Maintaining Legal Status: Firstly, ensure that you maintain your legal status after your I-140 approval. Depending on your current situation and future aspirations, the best course of action after an I-140 approval may differ.
  • Understanding the Visa Bulletin: Keep an eye on the Visa Bulletin published by the U.S. Department of State. This bulletin will inform you about visa availability and when you can apply for an Adjustment of Status (formally known as Form I-485) if eligible.
  • Consulting an Immigration Attorney: Consider consulting with an immigration attorney for personalized advice. They can guide you on whether it’s beneficial to stay on OPT or start the process to adjust your status to a permanent resident (green card holder).

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Staying Informed and Prepared

It’s crucial to stay informed about changes in immigration laws and procedures that may affect your status. Regularly visit the U.S. Citizenship and Immigration Services (USCIS) official website for the latest updates.

Potential Benefits of Adjusting Status After I-140 Approval

Adjusting your status post I-140 approval can have several benefits:

  • Security: It provides more stability as you no longer depend on temporary work authorizations.
  • Career Growth: You may have broader career opportunities that are not limited by the restrictions of OPT.
  • Path to Citizenship: It’s a step closer to becoming a U.S. citizen, should that be your ultimate goal.

Conclusion

Receiving an I-140 approval while on OPT is a positive development, but it does not require an immediate change of status. It’s essential to carefully plan and take informed steps, considering both the timing of your status adjustment and your long-term goals.

Remember to review USCIS resources and guidelines for the most authoritative and current information regarding your situation, as immigration policies are frequently updated. It’s advisable to work with an immigration professional to navigate the complexities of your specific circumstances as you progress towards your goal of permanent residency in the United States.

So there you have it, folks! Understanding the connection between OPT and I-140 approval isn’t as complicated as it seems. Just remember to maintain your legal status, stay updated with the Visa Bulletin, and consult an immigration attorney for personalized guidance. And hey, if you want to dive deeper into this fascinating topic, head on over to visaverge.com for more insights and info. Happy exploring!

FAQ’s to know:

FAQ 1: Can I continue working under OPT after receiving an I-140 approval?

Yes, you can continue working under Optional Practical Training (OPT) even after receiving an I-140 approval. Your OPT remains valid until its expiration date, as long as you comply with all the conditions and reporting requirements. An approved I-140 represents significant progress in your path towards permanent residency, but immediate change of status is not necessary.

FAQ 2: What should I do after I-140 approval?

After I-140 approval, there are a few important steps to consider:
– Maintain legal status: Ensure that you continue to comply with all immigration regulations and maintain your legal status.
– Stay updated with the Visa Bulletin: Watch for the Visa Bulletin published by the U.S. Department of State, as it provides information on visa availability and when you can apply for an Adjustment of Status (Form I-485).
– Seek advice from an immigration attorney: Consulting with an immigration attorney can help you make informed decisions based on your specific situation and goals.

FAQ 3: What are the potential benefits of adjusting my status after I-140 approval?

Adjusting your status after I-140 approval can offer several benefits:
– Increased security and stability: Adjusting your status provides more stability as you are no longer dependent on temporary work authorizations.
– Career growth opportunities: You may have broader career opportunities that are not limited by the restrictions of OPT.
– Path to citizenship: Adjusting your status is a step closer to becoming a U.S. citizen if that is your ultimate goal.

It is important to stay informed about updates in immigration laws and procedures and consider working with an immigration professional for personalized advice tailored to your specific circumstances and goals. Regularly refer to the U.S. Citizenship and Immigration Services (USCIS) official website for the latest information.

What did you learn? Answer below to know:

  1. True or False: After receiving an I-140 approval while on OPT, immediate change of status is necessary.
  2. What should you monitor to determine when you can apply for an Adjustment of Status (Form I-485) after an I-140 approval?
    a) USCIS official website
    b) U.S. Department of State’s Visa Bulletin
    c) Immigration attorney’s advice
    d) Employment authorization documents (EADs)
  3. Which of the following is a potential benefit of adjusting status after an I-140 approval?
    a) Increased job opportunities within OPT
    b) Easier travel to and from the United States
    c) Greater career stability and growth
    d) Shortcut to obtaining a green card without further paperwork.
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