Fargo, ND asked in Immigration Law for North Dakota

Q: What to do if you are on OPT and receive the EAD before the OPT expires?

I'm getting married in May, and I am also graduating from my MBA in May (I have a F-1 visa). I'm planning on applying for the OPT soon and applying for the green card right after the wedding in May. How does it work if my OPT start date is in June, for example, and I apply for the green card at the same time and my EAD card is sent before my OPT expires? Do I still have a student status? What does it happen? is that even allowed?

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: First, it doesn’t make sense to apply for an EAD through adjustment right off, since you will have a current EAD. If your OPT EAD comes to within four months of expiring, and your green card has not yet been approved, you can apply for a new green card based on a pending adjustment application at no cost.

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