本人phd剛畢業,在一個學校找到一個教職工作,2012年1月份開始。opt已於11月上旬披下來。同時在11月中旬又遞了485。新學校的律師不是很nice,之前谘詢485事宜時,她還讓我盡快遞485,說和我的opt應該不衝突,因為這是一個grey area。但我最近把opt給她,
-Why did you show your EAD to the lawyer? You just need to show the OPT EAD to your HR directot and work, and it is irrelevant to the lawyer.
想開始正式的hiring process時,她又一口咬定我的這種情況opt已經無效了,因為我有移民傾向。
我現在很著急,因為485ead一時半會兒還下不來。我還發了網上關於"遞485後opt仍有用"的律師陳述給她,但她根本不理我。請問老師,我該怎麽辦?
-This is a gray area. Some lawyers say I-485 filing will affect existed F1 status, but some say don't affect it. In my opinion, I-485 filing does not affect your approved OPT, but will affect you to extend your F1 status. Here is an old INS Memo and you may print out this INS (prevous USCIS name) document from the following website and highlight the following section and then discuss it with your lawyer:
http://shusterman.com/handlregulationsadjustmentofstatus.html
"The Service has, traditionally, considered applying for adjustment
of status as relevant evidence in determining whether an alien has
abandoned the requisite nonimmigrant intent. Section 214(b) of the Act
does not, however, require the Service to hold this position as an
absolute rule. So long as the alien clearly intends to comply with the
requirements of his or her nonimmigrant status, the fact that the alien
would like to become a permanent resident, if the law permits this,
does not bar the alien's continued holding of a nonimmigrant status.
The Service is interested in the public view on this matter and
would appreciate written comments."