Q: Can I apply for EAD under OPT after I graduate, while I already have EAD card under a pending I-485 (EB3 category)?

A: As an F1 student, you may be eligible for Optional Practical Training (OPT) after you graduate. However, if you already have an EAD card under a pending I-485 application, it is important to consider how applying for OPT may affect your immigration status.

Applying for OPT while your I-485 application is pending may not necessarily cause your current EAD card to be cancelled. However, it is possible that your OPT application could be denied if USCIS determines that you are no longer maintaining your eligibility for F1 status, or if you have already been granted employment authorization under your pending I-485 application.

It is also important to note that if you are approved for OPT, you will generally be required to maintain your F1 status, which may require you to continue pursuing full-time study or other educational activities. Additionally, if your I-485 application is approved while you are on OPT, you may be required to submit evidence of your employment authorization and/or update your status with USCIS.

To ensure that you are complying with all relevant immigration laws and regulations, it is recommended that you consult with an experienced immigration attorney before applying for OPT or making any other changes to your immigration status. An attorney can help you understand your options and obligations, as well as advise you on the best course of action to take in your specific circumstances.