Transferring visa status from F1 OPT EAD to AOS EB-5

[Juhi P.]

Hi Rajiv Sir,
I am currently on my post completion OPT (started on May,2023) and my spouse is my dependent(F-2) but he has also EB-5 file going on. In which he applied for AOS EB-5 EAD last week where he also added me on his file.
1. My question is, am I not allowed to work on my F1-OPT EAD until I get AOS EB-5 EAD or I can still work on current EAD?
2. If suppose I am not allowed to work until I get my EB-5 EAD then will 90 days of unemployment period will be counted?
3. If it is counted then what measure should I take as the EAD application will take around 4-5 months Approx.

Thank you sir.

 

[newacct]

1. You continue to be on F1 status and OPT, and can continue to work on OPT as long as you comply with the conditions of OPT.

 

[Juhi P.]

1. You continue to be on F1 status and OPT, and can continue to work on OPT as long as you comply with the conditions of OPT.

But then USCIS will not question that why I was working before the approval of EB-5 EAD?

 

[newacct]

But then USCIS will not question that why I was working before the approval of EB-5 EAD?

You can show that you were working legally under OPT.