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Apply for OPT while I-485 is pending

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  • Apply for OPT while I-485 is pending

    My I-485 is pending for several months and already received EAD card with C(9) category from I-765 form. Can I apply for OPT now, being in F1 visa ? I was wondering, whether it is permissible to apply for 2nd EAD (from OPT), while the I-485 is already pending. Any sort of help will be appreciated. Thank you.

  • #2
    Originally posted by nadimfh View Post
    My I-485 is pending for several months and already received EAD card with C(9) category from I-765 form. Can I apply for OPT now, being in F1 visa ? I was wondering, whether it is permissible to apply for 2nd EAD (from OPT), while the I-485 is already pending. Any sort of help will be appreciated. Thank you.
    Unlikely you will get approved as you already have aos pending. Just curious why would you want to do that anyway?

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    • #3
      Originally posted by azblk View Post
      Unlikely you will get approved as you already have aos pending. Just curious why would you want to do that anyway?
      Thanks for the response. My school suggests to apply for the OPT as well in the event of bad luck (denial of I-485). Then, I could use the EAD from OPT to continue working according to them. I am also skeptical about applying, but still want to know the options, since my deadline for OPT applying is drawing near!

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      • #4
        I don't see the point unless you're expecting your adjustment application to be denied, or you're trying to keep NRA tax treatment for a few more months

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        • #5
          Originally posted by nadimfh View Post
          Thanks for the response. My school suggests to apply for the OPT as well in the event of bad luck (denial of I-485). Then, I could use the EAD from OPT to continue working according to them. I am also skeptical about applying, but still want to know the options, since my deadline for OPT applying is drawing near!
          On what grounds are you doing AOS? why would it be denied?

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          • #6
            Originally posted by azblk View Post
            On what grounds are you doing AOS? why would it be denied?
            Through US citizen spouse, no logical reason to be denied. But they suggested for OPT as an insurance I guess ?

            - - - Updated - - -

            Originally posted by inadmissible View Post
            I don't see the point unless you're expecting your adjustment application to be denied, or you're trying to keep NRA tax treatment for a few more months
            Neither is true, so I would skip I guess. Thanks for the response !

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            • #7
              Your AOS officially terminate your F1 status (I think), but anyway, you don't need OPT if you already have an EAD. You cannot be working with two EAD cards at the same time.


              Originally posted by nadimfh View Post
              My I-485 is pending for several months and already received EAD card with C(9) category from I-765 form. Can I apply for OPT now, being in F1 visa ? I was wondering, whether it is permissible to apply for 2nd EAD (from OPT), while the I-485 is already pending. Any sort of help will be appreciated. Thank you.

              Comment


              • #8
                An adjustment of status application does not terminate the existing status until the adjustment of status application is approved

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