Applying for OPT after receiving EAD through marriage to permanent resident

[saba_sheetu]

Hi,

I came to USA as a student on August 2015. I am a GC holder's spouse and got married in April 2014. My GC application is submitted to USCIS and I received EAD card.

My conflict is, if I don't use OPT I cease to be on F1. Me filing OPT after receiving EAD is confusing as I have unconditional work permit. My fear is applying for OPT my go to rejection and cause more trouble.

I need to be double sure before I submit OPT application. Kindly reply me.

[US-PR2k16]

Applying for OPT after receiving EAD through marriage to permanent resident

You can go ahead and work with EAD based on Marriage to GC holding Spouse. Once you get through with the I-485 interview your good to go right.!.
So why are you even thinking of applying for OPT now?

[iuy87]

Hi,

I came to USA as a student on August 2015. I am a GC holder's spouse and got married in April 2014. My GC application is submitted to USCIS and I received EAD card.

My conflict is, if I don't use OPT I cease to be on F1. Me filing OPT after receiving EAD is confusing as I have unconditional work permit. My fear is applying for OPT my go to rejection and cause more trouble.

I need to be double sure before I submit OPT application. Kindly reply me.

why would u submit application for EAD card if u already have one. if u got married in april 2014 why haven't u gotten ur green card? why are u still registered as international student?

[saba_sheetu]

You can go ahead and work with EAD based on Marriage to GC holding Spouse. Once you get through with the I-485 interview your good to go right.!.
So why are you even thinking of applying for OPT now?

If I use GC based EAD then I will loose my F1 status and will become pending applicant. And I have read cases of those whose i485 got rejected due to out of status. So little bit worried. Currently the F2A category is moving very slow for India.

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why would u submit application for EAD card if u already have one. if u got married in april 2014 why haven't u gotten ur green card? why are u still registered as international student?

I belong to F2A - India category which is moving very slow. Lawyers have different opinions. If I use my EAD then I will loose my F1 status which does not have dual intent.