Applying for OPT while i-485, i-765, and i-131 pending

S

Schifferay

New Member
Hi folks!

I submitted my i-485, i-765, and i-131 all that jazz in May 2020. I am graduating this December, and I have an job offer, but I don't have EAD from my green card application yet. I need advice on whether I should apply for OPT.

I was told that I should keep my F-1 status as long as possible, so in case my green card application goes wrong, I have something to fall back on. I guess I'm like a lot of other people who feels like "my green card application won't go wrong". So I guess how likely will I be able to receive EAD from my green card by JAN 2021? Should I apply for OPT?

The most important question is, on the i-765 filed with my green card application, for question 25. "Your Current Immigration Status or Category", I said: "I-485 Pending". Right now I am filling out the i-765 for OPT, for question 25. again, should I write "I-485 Pending"? or should I write "F-1 Student"?

Thank you so much for your advice guys!!
Alex
 
According to https://www.hooyou.com/news/news062307faq.html

"The USCIS takes the position that an application of I-485 makes the F-1 student ineligible for OPT."

You can try applying for OPT but it seems that it is likely to be denied. If you do file, you should put F-1 as your status. "I-485 pending" is not a status. If you write "I-485 pending", it may give the impression that you are out of status. However, I guess this probably doesn't really matter, after all, USCIS can look up all this information anyway.
 
Oh my days. Thank you so much I did not know about this at all. I followed with what you said and did some more research, seems like even if I apply for OPT EAD, I probably won’t get it. I guess I am stuck now, until I get EAD from my GC application, I can’t really work. And goodness knows how long that’s going to take.
 
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