Victoria Gruet
Apr 6, 2023
Can I apply for OPT while pending I-765 based on I-485?
Hi, I applied for a work permit through a marriage-based green card on November 28th, 2022, and I just now realized that it might take 15 months to get approved (compared to the 4-6 months I initially thought).
I am graduating in May and am interviewing for jobs right now. I am terrified of staying off I-20 status, and not being able to work (+ not being able to drive). Can I apply for an OPT (4-week estimated wait time) while I have a pending I-765 based on marriage?
I read somewhere that it could give confusing/opposing intent as one is an immigrant while the other is a non-immigrant, but I also read that the worst case would be the denial of OPT but no effect on the green card process whatsoever. Some have even said they have done so successfully. Your thoughts???
Thank you!!!! I am so stressed right now...
#opt #i765 #i485 #ead #i130 #i-765 #i-485 #i-130
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moonz gApr 6, 2023
No , it will not affect your i765
moonz gApr 6, 2023
Apply for opt, and you will get it !
I’m in the same situation, I’m waiting for my ead which I filed in October 2022, meanwhile, I’m working using my opt
moonz gApr 6, 2023
@Victoria Gruet but who told you the processing time for i765 based on pending i485 is 15 months ?
Victoria GruetApr 6, 2023
@moonz g I looked at USCIS’ current processing times… however, it went up recently, and when I applied it said 4-6 months, so I am hoping I’m still in that range! but thank you for your answer! was there no issues with your application? and did you apply for OPT after you started your i485?
also, did you say “yes” to applying for a previous i765?
M MApr 22, 2023
if you file concurrently you should get your EAD in a couple weeks. 4 - 8 weeks
S DApr 24, 2023
@M M Is this for sure? my PD is April 13, 2023. my current F1 OPT ends in August. I have applied for I-485/I-765 concurrently based on I-130. I have a good job, don’t want to lose it.
M MApr 24, 2023
when did you apply concurrently @S D
S DApr 24, 2023
@M M April 13, 2023
M MApr 24, 2023
@S D Yes if you applied online you should have work permit and SSN in 8 weeks. I applied in Jan 2023 Bio Feb 2023 Work Permit March 2023. They seem to be pushing permits way ahead of other applications
S DApr 24, 2023
Do they give new SSN? I already have one from my F1 visa. That’s good to know that it just takes 2 months. though I applied through my lawyer, hopefully it won’t differ too much from online application. @M M
M MApr 25, 2023
@S D online work permit apps have been moving speedy. I’m not sure about the SSN procedure. I presume you won’t need a new one. you got this
