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Does a pending I-485 invalidate F-1 OPT EAD until AOS EAD is received?

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  • Does a pending I-485 invalidate F-1 OPT EAD until AOS EAD is received?

    I am a US citizen and my wife came to the United States on an F-1 visa and completed a masters. We recently were married while she was working using OPT from her F-1 student visa (non-STEM). Her F-1 OPT expires in July this year. We applied for Adjustment of Status (I-485) for her concurrently with the I-130, along with Forms I-765 (Employment Authorization) and I-131 in May.

    My question is, does having a pending I-485 mean her F-1 OPT is not valid? In other words, can my wife legally continue working on her F-1 OPT EAD until it expires in July 2020 or should she stop working immediately until she receives an AOS EAD through her pending I-485 application?

  • #2
    No. A pending application doesn't change your status.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      It doesn't invalidate her status, however, she is not bound by OPT work restrictions. She can work in any field, not just a field related to her discipline.

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      • #4
        Originally posted by longee94 View Post
        It doesn't invalidate her status, however, she is not bound by OPT work restrictions. She can work in any field, not just a field related to her discipline.
        She is bound by OPT work restrictions until she receives the EAD from the pending AOS. Additionally, she will lose her status if she works outside the OPT restrictions or uses the EAD from the pending AOS (thereby violating the terms of her F1 OPT).
        Canadian on F-1 married to USC (SSM)
        Field office: Manhattan/NYC

        09/21/2019: Delivered to Chicago
        09/25/2019: Fees charged
        09/30/2019: Case received
        10/04/2019: Biometrics appt received
        10/15/2019: Fingerprints taken
        10/16/2019: Fingerprint review complete
        11/14/2019: Ready to be scheduled

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