United States – With just two months remaining on their STEM Optional Practical Training (OPT) authorization, an Indian student in the U.S. is exploring alternative pathways to maintain legal status and continue working, even as their green card application remains under review.
The student, currently on an F-1 visa, has a pending I-485 Adjustment of Status (AOS) application filed under the EB-5 investor visa category. Facing the imminent expiration of STEM-OPT, they are now considering enrolling in a new academic program that would allow them to work through Curricular Practical Training (CPT), a work authorization granted as part of certain degree programs.
While CPT can legally permit students to work while studying, the situation becomes complex when combined with a pending green card application. Immigration attorneys caution that enrolling in a new program solely for CPT after filing Form I-485 could be viewed by U.S. Citizenship and Immigration Services (USCIS) as inconsistent with the immigrant intent declared through the AOS process.
“Technically, students can enroll in CPT-eligible programs,” said an immigration lawyer familiar with such cases. “However, if the new program appears to lack a legitimate academic basis or is seen as a way to bypass visa rules, it may raise concerns during green card adjudication.”
Online immigration forums reflect the uncertainty surrounding this strategy. While some users shared positive experiences with maintaining work authorization via CPT during a pending I-485, others reported complications, including additional scrutiny, application delays, and in some cases, denials.
The case underscores a broader issue faced by many international students and professionals in the U.S.: navigating overlapping immigration pathways while attempting to maintain legal status, employment, and long-term residency prospects.
As the student considers this next step, the decision could have lasting implications not only for their current status but also for the future of their green card process.
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