Q: Do I lose OPT (Optional Practical Training for F1 students) when I apply for green card and file the form I-765?
I am an F1 student and I have 1 more semester to graduate. I know I can apply for Employment Authorization Card (EAD) based on my F1 status to have a year benefit of OPT. It means I will still maintain lawful status as an F1 student although my form I-20 (the Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic Students) is terminated when I graduate in December 2018. OPT help students to work without paying the tuition fee to keep the form I-20 valid. I just got married with a US citizen and then an immigration staff has filed the form I-765, I-131, I-130, I-485 in July 2018.The form I-765, based on marriage, also help me to get the EAD from USCIS. Probably, I will get my EAD before I graduate and I don't know if I still need to apply for EAD through OPT or not.But I am worried if I lose my OPT and F1 status when I get the EAD in this way.I want to maintain F1 status to back-up if my I-485 is denied. Is there anyway I can apply or notify USCIS about my desire?
A: Truly it doesn’t matter. If you apply for the work authorization as part of your green card application, you don’t need to worry about applying for OPT. It is true that your opportunity to apply for OPT will not be available if you don’t file for it in time, you really don’t need it once you’ve applied for your green card. The only reason you might want to apply for OPT is if you have any concerns your green card application would be denied.
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