Q: I am an international student on F1 visa, married to a LPR. Can apply for I-765 and I-130 concurrently?
I am an international student on F1 visa, married to a LPR recently. My spouse has not file I-130 for me yet. I will graduate next semester and will apply for Optional Practical Training (OPT). My question is can I apply for work authorization I-765 while pending I-130 or vice versa?
A: Filing the I-130 does not allow you to apply for work authorization. Your work authorization will be based on your F-1/OPT status. Your spouse can go ahead and file the I-130 for you and you can apply for your OPT work authorization as you would if your spouse had not yet filed for you. Filing the I-130 may effect other benefits related to F-1 status so I suggest you contact an experienced attorney before your spouse files the petition. Best of luck.
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