Applied for 485. Wife on F-1. .

S

sinjeti

Registered Users (C)
Hi I applied for 485/EAD/AP for both myself and my wife. She is currently on F-1 status. and will be graduating in December.
If her EAD gets approved does she still have to apply for OPT through her unversity?. If so can she maintain both the EADs. What would be her status once she gets EAD?. F-1 or 485 filed.
I would appreciate any help and suggestions.
 
Hi Guys,

Please give me your advice. My attorney told me that my wife does not have to apply for OPT. I am not convinced that he is right.

Thanks

Sri
 
Why should she apply for OPT?

Anyway, her F1 is no longer `valid' (using it loosely) as she has expressed intent to immigrate. To some extent, OPT is request for extension of F1 status. It should be better to get the EAD through the 485 process instead.

My 2 cents.

I am not a lawyer and does not play one on TV either. Please take this opinion for what it is worth -- nothing.
 
I think EAD for OPT approves much faster than EAD for I-485. That could be a reason why you might like to apply OPT.

But I have to agree with mnt that... F1 is not a dual-intention status (H1 or H4 are dual-intention). If you want to keep a safety net for your wife (incase the I-485 gets denied)... you can apply for change/extension of status as H4 (if you still have a valid H1b status).
 
Thanks mnt and niza. Your replies are very helpful.
I have another question. My wife has been working on campus . This is allowed for an F1 student. Since she has applied for 485 is she eligible to work on campus now?. We have not received our EAD's yet.

Thanks

Sri
 
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