Will filing an I-140 before applying for OPT or STEM OPT result in an RFE or denial of my OPT or STEM OPT application?

Generally, no. Filing or obtaining approval of an I-140 does not, by itself, make an F-1 student ineligible for OPT or a STEM OPT extension, and there is no rule providing that an I-140 automatically results in a denial or Request for Evidence on Form I-765.

USCIS adjudicates OPT and STEM OPT based on the requirements applicable to the particular employment authorization category. For post-completion OPT, this includes maintaining F-1 status, obtaining the required DSO recommendation in SEVIS, and timely filing Form I-765. For a STEM OPT extension, additional requirements apply, including having a qualifying STEM degree, working for an E-Verify employer, and completing Form I-983. USCIS's Form I-765 instructions identify these requirements and do not make the absence of an immigrant petition a condition of OPT or STEM OPT eligibility.

That said, F-1 is not a dual-intent classification. An approved or pending I-140 can therefore become relevant in a different context, particularly if the student later applies for a new F-1 visa abroad or seeks admission to the United States in F-1 status. F-1 applicants must demonstrate a present intent to depart the United States after completing their authorized activities and maintain a foreign residence they do not intend to abandon. The State Department instructs consular officers to focus on the applicant's present intent, so the existence of an immigrant petition is relevant evidence but does not automatically disqualify someone from F-1 status.

So, as a practical matter, an employer may begin PERM and I-140 sponsorship while an employee is working in OPT or STEM OPT. The I-140 generally does not prevent the employee from obtaining or extending OPT employment authorization, but students who may need to renew an F-1 visa or travel internationally should evaluate the immigration-intent issue separately.