I am J-1 changed to F1 about 3 years ago and applied for I 485 and I765 09/15/2020 and we did the interview last week and my case was approved on site

applied for both and still waiting. done biometric for i485 + i765 marriage based.

I know this doesn't help you but I want to follow the conversation. lawyer says to not do it under any circumstances, school (and their legal adviser) says it shouldn't be a problem at all.

You should be able to apply for I-765 OPT with no problem at all. Having pending I-485 and I-765 through family does not affect your F-1 status, and having them does not automatically revoke your F-1 status. However, if you were to use your I-765 through I-485 then your F-1 status is no longer valid and your SEVIS record will be terminated. If your I-765 OPT is approved and then you get to use it and follow I-765 OPT regulations. So, basically, as long as you maintain F-1 status and regulations, you should not have a problem with that. Lawyers and schools usually suggest maintaining F-1 status in case you get a negative outcome ( Hopefully you will not get into that). Furthermore, if you were to travel outside of the US, even your visa is valid you are not allowed to re-enter the US using your F-1 visa and you have to apply for I-131, Travel Document, before leaving, to be able to return to the US. I am not a lawyer, but this is what I know. Good luck!

@Adam T thank you very much.

Applying for F1 OPT after a pending 1-485/1-765 shows non- immigrants intent after you had already showed it immigrants intent by filing adjustment of status, you would have two EAD(1-765) application under your name if you apply F-1 OPT. The officers might think that you are trying to confuse them, you run risk of rejection of 1-765 denial, hopefully they don't say misrepresentation. if you had a pending 1-485/1-765 pending it best you wait until you get the EAD. EAD for 1-485 is also 2 yrs now not the 1 yr you would have gotten from F-1 OPT. It would be hard to claim non-immigrants intents for F-1 on your OPT application when you had clearly applied for adjustment of status and you have a pending I-485/1-765. @E no had already told you lawyer said to not do it under any circumstances. I would believe that!

For anyone who applied OPT I765 after filing marriage I485 based I765: do you answer 'yes' or 'no' to question 12 on the I765 form: 'Have you previously filed Form I-765?'; if answering 'yes', do i explain that I have previously filed I765 for marriage based I485?