M S
Sep 27, 2022
Can I file Form I-765 c (3)(B) OPT category months after filing Form I-765 under (c)(9)() category marriage based?
Hello everyone! Please advise, I have a pending EAD application marriage based (Applied on 6/1/2022).
I will finish my Ph.D. program in STEM on 12/9/22 (Last day of classes) or 12/16/22 (Last day of semester). I got a job offer to start on 12/12/22.
I asked to : 3 lawyers, 4 schools advisors & DOS representatives. All of them gave me very contrasting answers.
Should I apply for OPT ? Or that will delay/create conflicts with my marriage based pending EAD?
Thanks! I know that is a very unique case based on categories and timelines.
Thanks!
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Zhar KSSep 27, 2022
i know some folks who had their opt ead get approved even after appying for the AOS.
kim FSep 27, 2022
go ahead an apply for the opt ead. it will not affect the other case. the opt ead serves as a continuation of your f1 status.
P KBSep 27, 2022
opt ead is a non-immigrant employment authorization whilst I-765 (under category c9 ) ead is based on a pending immigrant AOS (adjustment of status); be it family based or employment based. I will advice that you apply for your opt ead and use that instead whilst waiting for AOS to be approved.
Syed RahmanSep 27, 2022
I was an F1 like you. you can’t apply for opt after you applied for i485. it is conflicting. your path is different now. I was on opt and my ead for i485 was pending. my international adviser strictly said I can’t apply for opt stem as it can cause harm to my i485 application. I got my ead approval 2 days after my opt got expired. so my suggestion as you applied for i485 you are now on the path of being an immigrant, so don’t change your path. be patient and you can try to expedite your ead application for i485.
to toSep 27, 2022
@MS you can get your opt EAD even after you have applied for I765 based on a pending a AOS. I did the same in May 2020 and got both Ead’s approved
NIW/GC ApprovedSep 27, 2022
I just did the same in August. I filed for OPT with six months pending NIW EAD application. In fact both got EADS got approved, three days apart. I am also completing my PhD. As long as you are still in status. Basically, you can't even apply for OPT without a valid OPT I-120.
M SSep 27, 2022
Thank you everyone! So I basically get that I can still apply for the OPT. Now... Let say that I apply and get both EADs at the same time before start my new job. Which one should I use? Its like @Awaiting Nebraska said... I need a new I-20 which one I will sign again stating non-immigrant intention. So Its really confusing...
to toSep 27, 2022
say you get a new job and want to maintain your F1 status, then use the opt EAD. if you use EAD based on AOS your F1 will be terminated
Zhar KSSep 28, 2022
@MS; its always advised to maintain your non-immigrant status to be a on the safe side, which means use your opt-ead. plus update your employment on the sevis portal.
