EB2-NIW I-485 timing
Hello everyone,
We are planning to file I-485 in June 2026 based on EB2-NIW and would appreciate suggestions from anyone with a similar experience.
My situation:
- I am on F-1 status with about one year remaining.
- My wife is on F-1 OPT.
- Her OPT expires in September 2026.
- Her current job contract also ends in September.
- STEM OPT may be difficult because she would need a new eligible job.
We are considering two options:
File I-485, I-765, and I-131 together in June while she is still on OPT.
First change her status from F-1 OPT to F-2, wait for approval, and then file I-485.
My questions:
- If we file I-485 in June and her OPT expires before the I-485 EAD is approved, can she remain in the U.S. based on pending I-485?
- Has anyone filed I-485 when their spouse’s OPT was close to expiring? What did your attorney suggest?
Any suggestions are appreciated.