OPT vs I-485

I

I485_GC

Registered Users (C)
Dear Friends,

My wfie and I have our I-485 pending for almost a year. She was on F1 and just graduated a few days ago. She has a EAD from the I485, so she does not want to apply for OPT. Questions:

1. Because her F1 will be expired soon, will I485 pending keep her safe to stay?
2. Does she have to have END? since her EAD from I485 will be expired soon and for some reason, she does not want to renew right away.

Please advise.

Best Wishes!
 
As far as I know...since F1 is not dual intent .. the moment you applied for I-485 for your wife .. she lost her F1 status... so she has to be on EAD to work till her 485 gets approved... and she will not be out of status since her 485 is pending..

may be immigration gurus on this forum can shed more light...

jsn..

I-140 (NIW) PD Aug 7th 2003. PD Nov 2003.
I-485- PD Aug 7th 2003, AD ????
2 EAD's, 2 FP's.
 
Also..forgot to mention.. she does not need OPT...since she has EAD.. OPT is only for F1 status holders..

..Please confirm..but this is my understanding..

jsn..
 
Thanks a lot!

The ISO at her school said my wife maight not be able to apply for EAD through OPT since she has had EAD from I485, although she has never used it.
 
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