Do I have to apply for OPT Extension while I have a pending i-485?

[parth017]

Currently, i am on my 12 Month OPT which is expiring at the end of July and I am filing i-130,i-485,i-131 and i-765 based on my US citizen wife next month(by the end of may). Since my current OPT is expiring in July and I will have my i-485 in pending status by that time, I am confused whether I have to apply for OPT extension and i-765 to maintain my Student Visa status or I can skip applying for i-765 based on OPT extension and directly apply i-765 with my i-485(Based on pending Change of status).

[Alexie]

Apply for OPT Extension while a Pending I-485

Yes. you can apply for STEM OPT Extension while having pending I-485. These two are separate cases with no effect on each other.

Despite some online advice suggesting that the STEM OPT Extension will be denied because of immigration intent, I applied for my OPT extension while I had pending I-485. My OPT extension got accepted and I received my EAD card. It has been really helpful because; First, the I-485 pending EAD takes very very long these days (I've been waiting for 7 months and no update yet) and I would lose my job after my OPT expiration. Second, I continue my non-immigrant status until I get my Green card which is very recommended.

[ember]

Expedite?

What kind of OPT do you have? If it's STEM you can get an extension, but if it's not, you may be better off putting in a request to expedite for your I-765 and submit documents about your termination. That is what me (USC) and my husband are doing now. We just submitted the docs though, so no word on whether it will work yet.

Best of luck.

[HosseinR]

Currently, i am on my 12 Month OPT which is expiring at the end of July and I am filing i-130,i-485,i-131 and i-765 based on my US citizen wife next month(by the end of may). Since my current OPT is expiring in July and I will have my i-485 in pending status by that time, I am confused whether I have to apply for OPT extension and i-765 to maintain my Student Visa status or I can skip applying for i-765 based on OPT extension and directly apply i-765 with my i-485(Based on pending Change of status).

Hello there,

what happened to you case finally? what did you do? I have the same condition as you had at that time.