No i-765 with AOS due to current Employment Authorization Card?

[chughes]

Hi all,

My wife and I are currently preparing to submit our AOS but we're stumped at the i-765 phase. She already has an Employment Authorization Card for post-completion training (OPT) of her student visa. However, it is probably going to expire (July 2017) prior to the issuance of the greencard.

Are we allowed to preemptively submit an i-765 even though she is already authorized to work? My gut says no, and we will have to submit it either close to or once the OPT expires. Does anyone know when specifically??

Also, am I correct in thinking that, when we do submit it after the expiration of her OPT, we don't check the 'renewal' box since there is a time limit for the OPT?

Thanks in advance.

[newacct]

She should apply for the AOS EAD. It doesn't conflict. And this EAD is better than the OPT EAD because 1) it doesn't have the restrictions for OPT like you can only work in your field of study, and you cannot have more than 90 days of unemployment; 2) it is free, and can be renewed for free for as long as AOS is pending.

[chughes]

She should apply for the AOS EAD. It doesn't conflict. And this EAD is better than the OPT EAD because 1) it doesn't have the restrictions for OPT like you can only work in your field of study, and you cannot have more than 90 days of unemployment; 2) it is free, and can be renewed for free for as long as AOS is pending.

Thanks! Also, and unrelated, but is the A-Number the same as the USCIS#?

[newacct]

For immigration they will give her a new A number so just put none if she hasn't applied for immigration before.