May I apply OPT after I-140/485?

[wanzi]

I am F1 right now, getting marry in Aug, and will graduate in Dec.

I heard there is very slow in ATL.
If I didn`t get EAD, is that mean I can not go to work?

Should I wait till OPT approval, then send in I140/485?

How long will take to receive my EAD?

(I heard people said once you send in your I140/485, you are not F1 any more, is that mean I can not apply OPT by that time?)

 

[wong561hb]

Get married and apply for your I 485 - you will get your EAD prior to graduation. If you apply for your OPT first, I don't think you will get it before you Dec. Once you apply for your 485, you will not be on F-1 status, but AOS - Adjustment of Status.

 

[wanzi]

thank you for your information.

I am not sure the EAD can be approved within four months.

One thing let you know is OPT is apply after Dec. I dont need it until Feb. School said that is automatic approval, so should have no problem.

 

[lambu22]

yes ur OPT will be after your graduation but your EAD usually takes 90 days and if u dont get it u after 90 days u can walk into ur local office and get an interim EAD which is usually valid for 8-9 months and within this period u get ur original EAD. so better after ur wedding file all ur forms including EAD and if ead approval doesnt come in 90 days walk in an take ur interim one. best of luck.

 

[LucyMO]

Are you filing I-130 and I-485 based on marriage to a USC? If yes, then if you are planning to file I-130 and I-485 + I-765 after you get married, you don't even need OPT. It will take about 4 months from the application date to get your work permit, but if you don't get it within 90 days - on the 91st day from the notice of receipt date you can walk in to the USCIS office in ATL and get an interim work permit, just like Lambu said. Since you are getting married in August, you will most likely have an EAD (AOS based) by the time you graduate in December.

Now, if you are filing I-140 and I-485 based on employment, then it's a different story. You can apply for your OPT EAD 90 days before your graduation (or employment start date - whichever you like most) and 90 days later you can get an interim EAD, just like in the paragraph above.