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Can I apply for OPT while I'm adjusting my status?

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  • Can I apply for OPT while I'm adjusting my status?

    Hello everyone,
    I have F-1 visa and after marrying a US citizen, I have applied for green card. I am still waiting to get it and I am getting close to my graduation.
    So I was wondering whether I can apply for OPT during the adjustment of status process?
    Thank you!

  • #2
    OPT will likely be denied. And you should have applied for an EAD as an AOS applicant. The EAD you get from OPT is much more worse than the EAD you get from AOS (OPT EAD costs $410, whereas AOS EAD is free; OPT has restrictions that you can only work in your field and cannot have more than 90 days of unemployment, AOS EAD has no restrictions). If you haven't applied yet you can apply now.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      OPT will likely be denied. And you should have applied for an EAD as an AOS applicant. The EAD you get from OPT is much more worse than the EAD you get from AOS (OPT EAD costs $410, whereas AOS EAD is free; OPT has restrictions that you can only work in your field and cannot have more than 90 days of unemployment, AOS EAD has no restrictions). If you haven't applied yet you can apply now.
      Thanks for your reply.
      I am trying to apply now since I read it's still free for me to apply. I already have had my interview in the local office. So do you think I should file it to USCIS Chicago Lockbox or my local office? (my interview was 2 months ago)

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      • #4
        Originally posted by ironmask11 View Post
        Thanks for your reply.
        I am trying to apply now since I read it's still free for me to apply. I already have had my interview in the local office. So do you think I should file it to USCIS Chicago Lockbox or my local office? (my interview was 2 months ago)
        According to the I-765 filing addresses page, you mail it to the Chicago Lockbox.

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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