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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108707
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Regarding F-1 OPT

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I was wondering if you could answer my question regarding my OPT status.

My OPT started in July 2013, and I have been having interviews with a potential employer. This employer is not supporting any work visa when my OPT expires in July 2014. However, my fiancee (a US citizen) and I are planning to get married at the end of this year and immediately applying for Adjustment of Status, I-765, and a Green Card so that I will have proper work permit or a green card before my OPT expires.

The concern that my potential employer has is whether my OPT will be void once I file for AOS, I-765. and Green Card and while I wait for the approval for them (therefore causing me to not be able to work legally while I wait for approval for I-765 or a Green Card). The employer wants to make sure that there will not be any gap time where I will not be authorized to work while I wait for the approval for AOS, I-765, and a Green Card.

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

No, your OPT is not void just because an AOS is filed. If you were to try to renew it you may have a problem because F-1 status requires non-immigrant intent and OPT is still part of F-1 status. But if you do not need to renew your status during the 3 to 5 months that you may have to wait for the work permit, then I see no issue and no gap.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to and make sure you type: FOR GUILLERMO on the subject line. Thank you!

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