Applying for OPT while having EAD from parents 485 which could be cancelled

[sureshatr]

Hello,

I am on F1 visa. My parents applied for their I-485 AOS few months prior to me turning twenty-one and got my EAD and AP. I-485 is still pending as still Final Action Date not reached for my parent's priority date.

Even though I got my EAD, that could be potentially cancelled when Final Action Date comes as I am over twenty-one now and will not meet current Age Out requirements.

In this scenario, does it make sense to apply for my OPT and get EAD there to be safer as I will be graduating this December. Appreciate any guidance in this regard.

[newacct]

that could be potentially cancelled when Final Action Date comes as I am over twenty-one now and will not meet current Age Out requirements.

You do not age out until age 21 + (the length of time the petition was pending), according to the CSPA. Did you make that calculation?

[sureshatr]

My understanding is that the time of parents I-140 petition pending, which was only couple of weeks as that was filed premium. So unless with the new immigration reform changes the use of Date of Filing instead of Final Action Dates, my understanding is that will not qualify for CSPA lock.