Facing the looming expiration of a STEM-OPT work authorization, an F-1 visa holder in the U.S. has turned to online forums for advice while navigating the complex intersection of immigration statuses. The individual, whose I-485 application for permanent residency under the EB-5 investor category is currently pending, is exploring the possibility of transferring to a new school to maintain legal status through Curricular Practical Training (CPT).
With just two months left on the current STEM-OPT authorization, the student is considering enrolling in a new academic program that offers CPT, which would allow continued employment under a valid I-20. However, the legal feasibility of this strategy remains uncertain, particularly with the pending adjustment of status (AOS) process underway.
The key questions raised include whether pursuing CPT while I-485 is pending is legally permissible and whether such a move could jeopardize the green card application.
Immigration attorneys generally caution that while students can technically enroll in a new program and obtain CPT, doing so after filing for AOS might be seen by USCIS as inconsistent with the immigrant intent expressed through the I-485. It could raise concerns during adjudication, especially if the CPT arrangement appears to lack academic merit.
Many in the immigration community have shared mixed experiences on pursuing similar strategies. While some reported successful transitions without green card complications, others noted delays, additional scrutiny, or even denials.
As the student explores this route, the story underscores the legal gray areas many immigrants face while balancing multiple pathways to stay in status, work legally, and ultimately secure permanent residency.