Queries_help
New Member
I have OPT; 485 is pending; Any need for 485 based EAD to work?
Hi,
I graduated in December05 and currently have an OPT (Employment authorization based on F1 status). It got approved in this January and it is valid from JAN06-Dec06. Also last year I got married and had applied for 485 which is now pending. My OPT card has the same A# as the one that appears on my AOS receipt. The OPT was applied through the University, in Texas service center and I had not mentioned about the A# while applying. I wanted to clear the following questions before starting to work using my OPT.
1) Since my 485 is pending and I am on AOS through my husband will I be able to use my F1 based OPT or will I have to apply for a 485 based EAD.
2) If I do the later does USCIS consider this as a separate application or does it create any problem with dual EADs with same Alien#?
To clear these queries I had consulted with our attorney and the USCIS customer service center. Following were their respective answers:
Attorney:
---------
She was'nt quite sure. She said I could work using my OPT but If I travel to India (which I intend to in the month of May 2006 using AP) I may no longer be able to work on my OPT and will have to have the 485 based EAD.
USCIS customer service center:
------------------------------
My call was directed to an immigration officer who said that there should not be a problem in using my OPT to work until it is expired. Also there is no need for me to apply for a 485-EAD. All I need to do to continue working after Dec06 is apply for a 485 based EAD 90 days before the OPT expiry date.
Did any one of you come accross a similar situation? If so please contribute your suggestions.
Thanks,
Queries_help
Hi,
I graduated in December05 and currently have an OPT (Employment authorization based on F1 status). It got approved in this January and it is valid from JAN06-Dec06. Also last year I got married and had applied for 485 which is now pending. My OPT card has the same A# as the one that appears on my AOS receipt. The OPT was applied through the University, in Texas service center and I had not mentioned about the A# while applying. I wanted to clear the following questions before starting to work using my OPT.
1) Since my 485 is pending and I am on AOS through my husband will I be able to use my F1 based OPT or will I have to apply for a 485 based EAD.
2) If I do the later does USCIS consider this as a separate application or does it create any problem with dual EADs with same Alien#?
To clear these queries I had consulted with our attorney and the USCIS customer service center. Following were their respective answers:
Attorney:
---------
She was'nt quite sure. She said I could work using my OPT but If I travel to India (which I intend to in the month of May 2006 using AP) I may no longer be able to work on my OPT and will have to have the 485 based EAD.
USCIS customer service center:
------------------------------
My call was directed to an immigration officer who said that there should not be a problem in using my OPT to work until it is expired. Also there is no need for me to apply for a 485-EAD. All I need to do to continue working after Dec06 is apply for a 485 based EAD 90 days before the OPT expiry date.
Did any one of you come accross a similar situation? If so please contribute your suggestions.
Thanks,
Queries_help
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