AOS on OPT

[elankur]

My wife is on F1 visa and she graduated in August (waiting to get OPT (Optional Practical Training) with start date October 1st, also applied for EAD along with the 485 application). She got the EAD applied based on AOS, I have a few questions about her status. She has to start working from October 1st, this is the last week to decide on something.

1. What's her current status, did the EAD card she got overrides her OPT (OPT application reached USCIS before actually applying for AOS).

2. Should she start working on EAD or should she wait to get the OPT card.

3. If she works on EAD can she convert to H1B next year if she wants to.

Thanks,
GC

 

[xtension]

My wife is on F1 visa and she graduated in August (waiting to get OPT (Optional Practical Training) with start date October 1st, also applied for EAD along with the 485 application). She got the EAD applied based on AOS, I have a few questions about her status. She has to start working from October 1st, this is the last week to decide on something.

1. What's her current status, did the EAD card she got overrides her OPT (OPT application reached USCIS before actually applying for AOS).

2. Should she start working on EAD or should she wait to get the OPT card.

3. If she works on EAD can she convert to H1B next year if she wants to.

Thanks,
GC

1. Well she is in AOS and from what I heard, the latest EAD(AOS) will take over OPT.
2. I doubt she will get her OPT/EAD now.
3. Not sure. why do u want to switch back to H1B? Usually people keep H1B as back up though they have an EAD but they dont use it until I485 get approved for safer side. Once you use EAD, H1B (if u have one) is invalid and I do not think you can come back unless it's a new petition.

Those who had the same experience may answer your query better. Please consult to her new employer.