Q: 1. Can she apply for OPT EAD while her I-485 AOS is pending? 2. Will this negatively impact the 485 aos application?
Hi,
My wife and I applied for I-130 and I-485 concurrently about 6 months ago. She is on F1 status and will be graduating in Spring 2020. I-130 has been approved so we are currently wait for I 485 approval.
Due to the current administration and corona virus delays we do not know how long until we will receive our interview. If for whatever reason her I-485 AOS application is rejected then she will need to return back to her country.
For this reason we may be interested in applying for OPT EAD as opposed to I-765 EAD. There are definite advantages of Opt Ead such as it allows her to stay in the US independent of an approved I-485. It acts as a backup in case her I-485 is rejected
A:
In essence, your question is can my spouse work while her adjustment of status application, Form I-485, is in process?
Form I-485 is an application that must be filed to register a foreign national’s permanent residence or adjustment of status. As part of the adjustment of status process, an applicant can also file Form I-765 Application for Employment Authorization, which is an application for a work permit. The I-485 and I-765, along with other forms, are typically filed concurrently. The I-765 application can also be filed separately, so long as the Form I-485 remains pending with USCIS.
Once Form I-765 Application for Employment Authorization is filed with USCIS, along with Form I-485, the applicant must wait for the application to be adjudicated. The amount of time that it takes for Form I-765 to be adjudicated depends on your service center.
Once Form I-765 is adjudicated, the application culminates in what is known as an “employment authorization card” or EAD, which is essentially a work permit.
The employment authorization card grants the foreign national the ability to work lawfully in the United States, obtain a social security number, open a bank account, and obtain a driver’s license.
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