Ernie Whiz
Sep 19, 2023
OPT to I-485 Application
Currently on OPT and will be applying for STEM OPT around Nov/Dec 2023. I have approved I-140 and my filing date for I-485 is current.
What is the implication to file for I-485 before submitting STEM OPT application?
I will appreciate your responses. 🙏🙏
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m pSep 19, 2023
No conflict as long as you maintained your F-1 status, did not leave contry after and 90 days prior I-140 application and I-94 record shows your last entry is F-1. You can apply STEM any time before or after I-485 application.
Ernie WhizSep 19, 2023
okay thanks.
ad mSep 19, 2023
Better to file I-485 after STEM OPT approval so you'll have plenty of time for I-485 processing
m pSep 19, 2023
File as soon as you can for I-485. Your filing windon may close in the future
Sa OSep 19, 2023
@M P I like your comments! That is the honest advice.
V TSep 20, 2023
Hi @M P ! I am in similar situation but my date is not current yet. I always thought that by submitting I-485 while on F1 I will automatically loose my OPT and option of future STEM OPT since by filling I-485 I showed my immigration intention which is not allowed for F1 visa purposes. Could you please share in more detail why do you think that OPT and filing I-485 are in no conflict, thanks!
m pSep 20, 2023
Showing immigration intension is already shown during I-140 process. USCIS already confirmed and has been issuing ead or let continue to maintain F-1 status after filing I-485. Only thing is you can not use immigrarion benifit such as I-765 or I-131 under I-485. That why during opt application they ask your last entry visa. Otherwise you have to prove you maintained your legal status such as I20, OPT ead, work history own your own.
m pSep 20, 2023
It’s not my thinking it’s how the uscis and regulation work and fact.
Al OSep 23, 2023
what happens if your OPT EAD card is running out of time, and got approval eb2 i-140 and you applied i-765 and it is pending. can i use the new EAD card for the company i worked with opt?
m pSep 23, 2023
You can use your EAD anywhere you want. Your F-1 status will be stopped as soon as you use the benifit. there is no going back. If your sponsoring company and ead workplace is different, interviewer will ask the reason and you have to explain that well.
Al OSep 25, 2023
@M P thank you, I have an EAD from F1 visa OPT; did masters; and work now. I am planning to apply concurrent filing (i140,i765,i485); in this case can I get an automatic extension of 540 days to my OPT-EAD during the waiting period of results. Because I want to continue working if possible.
m pSep 25, 2023
No, your work authorization will be ended at the end of your opt ead. You can only continue work only after I765 is approved
Al OSep 26, 2023
@M P then can I continue working with OPT extension and what happens during that time i get I-765 for the EB visa?
m pSep 26, 2023
Were you asking me about Auto extension when you submit OPT Stem extension I-765 while pending? You can work during that period with that receipt letter as a proof. If your EB EAB is approved, than you can use that as well. But remember once you use EB benifit, your F-1 status is auto invalidated. There is no reason use EB ead unless your OPT or F-1 status is no longer valid.
Ernie WhizNov 30, 2023
@M P can someone continue to work with the receipt number of pending I-485 EAD or stop work when OPT EAD expires and wait until I-485 EAD is approved?
m pNov 30, 2023
The pending receipt number is STEM OPT extension I-765 application. you can work upto 180 days with that. You Can Not work under pending I-485 receipt or 765 for those category. You have to wait until 485 EAD approval. Why don’t you use OPT receipt and EAD instead?
