EB-5 Q&A: How will an EB-5 application affect an OPT-extension application?

Answer:

 

An OPT extension is based upon your STEM student qualification and has nothing to do with your pending I-526 petition. However, if you want to adjust your status in the United States, you have to maintain a legal status while your I-526 petition is pending.  If your wife is graduating in May she may want to seek an OPT so that she can remain in status an period of time while waiting approval of the I-526.