K Y
Nov 10, 2022
question about filing form i765 for OPT with pending marriage I485 and I765
I am under F1 status currently. I have already filed marriage-based I485 and I765 and they are pending. But I received a job offer and want to start working ASAP, so I apply for OPT. There is this question 12 on the I765 form: "have you previously filed form I765?" Should I answer 'yes' here and explain my marriage-based pending I765 in the attachment? Based on previous posts it seems applying for OPT is feasible under this case, but I am not sure how to correctly fill OPT I765 without affecting my pending I485 application.
#I485 #marriage #OPT #I765
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Alynn DNov 10, 2022
check this article out or better ask your lawyer. I don’t think it’s possible to do both at the same time. if you had your opt before applying for your change of status through your marriage it would have been different
Altynay BNov 10, 2022
I think you need to hit “yes” only if you applied in the same category, because opt is c12 and the i485 is c9, so it’s different. i am not entirely sure but I would goodle additional info or ask a lawyer
