I-485 and OPT

Y

yelleped

New Member
Hi Folks,
My wife is on F-1 student status. She just finished school and has gotten her OPT and is planning to take up a job.
I have already applied my 1-485 and am in the process of adding her to my application. My lawyer claims that as soon as I apply for her I-485 the OPT that she obtained will be invalid. I am applying for her EAD as well but if my lawyer is right my wife will not be able to start work right away (until the 485 EAD arrives ) which might cost her the job.
Did anyone else face this problem? Is there any credence to my lawyers' claim? Your reply will be appreciated.

thanks
murali
 
She is already working using her OPT. Will she have to stop working just because we apply for her I-485?
Will she be eligible to work by any means (either on her OPT or the fact that we applied for her I-485/EAD ) until she offically gets her "green card EAD"?

thanks
murali
 
no I don't think that's correct

an EAD is an EAD no matter where it comes from

yes the F-1 does become null and void with the I-485 app

but that doesn't mean everything else becomes null and void with it.

as long as that current EAD is still valid she is authorized to work
 
JoeF said:
As per my understanding, yes, until she gets a new EAD based on the I-485.
No. She would have to have the approved EAD based on the pending I-485.
Click to expand...

I called BCIS expart regarding this situation of Work permit. I am now in H1B. I applied AOS through my US citizen wife. My question was if I get EAD, is that mean my H1B invalid. She told me as long as I am in the same company I can use my H1b permit. If I want to change company I have to use my EAD. Though I am not a lawyer, my asumption is that, your wife can work with the OPT which I got prior to my H1B. As soon as she got her EAD, she can use it. And I want to mention here that till I-485 approval, she is in F1 status. So I don't think there is a problem to go with her OPT. Please call the BCIS and ask for expart. They are very polite and know a lot. I talked with one of the expart almost hour.
Good luck.

Dip
 
Thanks for the help guys. We called BCIS and they confirmed that she will be able to work using her OPT even after we apply for her I-485.

thanks
murali
 
yelleped,

I am in the same boat. F-1 , 485.

As my understanding and according the Information I got from my lawyer and my University’s Officer. What dip92 said
"And I want to mention here that till I-485 approval, she is in F1 status. So I don't think there is a problem to go with her OPT"
is wrong.

And what you got from the BCIS
"they confirmed that she will be able to work using her OPT even after we apply for her I-485"
is not the means from The law.

You should ask the BCIS to give you a written material about their answer. In case in the future they said you are illegal to work use the OPT after you apply 485. This may have a very big problem. If you have a PAPER, you can show them: I asked you, you said OK. If you have no Paper, How can you show them they said it is OK. Because it should not be OK to use OPT to work after apply 485 when you are in F-1.

I may be wrong. But just want to remind you.

Hope you all the best and get GC soon
 
Last edited by a moderator:
Until recent time, I was F-1 on OPT with I-485 filed (based on marriage). Your OPT is not null just because you filed for AOS. Just the opposite, our International Center advises students (based on their communications with BCIS) to maintain their F-1 status even if they filed for AOS. You can choose to maintain your F-1 status by enrolling full time, not working off campus using AOS EAD, or by simply working only using your OPT EAD.

I personally waited until my OPT ran out, and then informed my International Center to change my SEVIS record to "AOS pending". Then got myself an EAD based on AOS.
 
You must log in or register to reply here.
Top