Help please, very complicated situation, can my wife apply for the OPT right now??

[jjpet1]

Hello All, my wife is on a F1 visa, she has an I485 based EAD (applied through my current employer), and she is in the middle of renewing her second I485 EAD (pending since April 20th), but I don't think she actually USED the EAD (because of her F1 status), however, my company all of a sudden became quite shaky and I am thinking about backups, since my wife has a job offer and can start working in July but the company is not able to apply for the H1B for her right now (even they decide to do it later, the H1B is only becoming effective in Oct.), should we apply for the OPT for her? the worst that can happen is if I lost job before my wife gets a H1B, then all is gone, so if we apply for the OPT, at least she would be fine after the OPT is approved (???), is this correct? or she can't apply for the OPT because she already has an I485 based EAD?

I know this is quite complicated, but it is quite urgent for us, please help! and thanks a bunch!

--jjpet

 

[goodstart]

May not be able to apply OPT

My wife had OPT till sept 2005. She got EAD last month. Attorney suggested to move to 485 EAD because that EAD would be invalidated once she got I485 EAD.

She is employed on OPT but had to move to 485 EAD because of not having H1. My I140 is approved so we figured out it is safe.

Now that 20,000 quota has opened for H1 US masters and higher degree. You can apply for H1 for her. She would have immediate start date for H1 but she should have been graduated already and have degree inorder to qualify under that quota