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Using OPT EAD while AOS EAD is pending

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  • Using OPT EAD while AOS EAD is pending

    Long time lurker at this tremendously helpful forum! Thanks for all your help. Unfortunately I have a question that I was not able to find an answer by searching past posts. Here goes:

    My wife applied for an OPT EAD back in November 2018. About 2 months after, she and I both applied for AOS based on my approved I-140 employment based application. She also applied for an EAD card with her AOS application (in addition to AP). She received her OPT EAD card last month, but has not yet received her AOS EAD (which I estimate will take another few months to arrive). She just received a job offer and would like to use her OPT EAD for this job.

    Are there any risks with using an OPT EAD while the AOS EAD is pending? I received conflicting information on this. One person "recommended" she not use OPT EAD and instead wait for AOS EAD (which isn't an option now since her job offer will not wait). Another person mentioned there is no conflict and she can use her OPT EAD.

    Can someone please provide some details on conflicts/risks with this situation?

    Thanks!

  • #2
    Well it all depends if the job is not in conflict with the OPT. OPT EAD limits the work you can do, it needs a direct relation to what you studied. If there are no issues, I don't see a problem (work with OPT EAD) as long as she remains in status, visa, I20s, I94, etc.

    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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    • #3
      I have used my OPT EAD while I was waiting for my AOS EAD, she should be fine
      F1 OPT to AOS

      9/7/2018 PD
      10/3/2018 Biometric
      10/4/2018 we are processing the fingerprints for your Form I-765
      10/11/2018 Case is Ready to Be Scheduled for An Interview
      3/14/2019 New Card Is Being Produced
      3/15/2019 I-131 Case Was Approved
      3/21/2019 Card was received

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