Adjustment of Status - I-485

Hi everyone,

( Sorry for the long post! )

I have been reading these forums for quite a while now while waiting on my case.

I filed a concurrent I-130 and I-485 through marriage to a US citizen. I filed I-765 with it as well, however I made a mistake and did not file I-131 until later on since I did not think it was required once I acquired the EAD card (rookie mistake).

12/28/2016: PD for I-485 / I-130 / I-765
01/26/2017: Received receipt notice for the 3 above on roughly
~02/15/2016: Biometric done
03/23/2017: PD for I-131 - This is the bad one.
04/03/2017: Called in to expedite I-765 after ~95 days had passed
04/04/2017: Received mail with I-131 Receipt date - called in to try and expedite, reason was financial cost if I have to cancel all my trips. Trip reason was graduation trip/honeymoon + seeing family, friends and relatives in home country.
04/05/2017: both I-765 and I-131 update online to say that expedite request was completed.
04/06/2017: I-765 updates to card approved and being processed
04/18/2017: Call in to inquire about EAD card and check up on AP, thinking it got combined. AP expedite quest got denied, I never received email they apparently sent. Person reads it and reason is high demands so that the case needs to be "very urgent". Mine did not fall into that category, I kind of figured as much but was hopeful.
04/19/2017: EAD card gets shipped.
04/20/2017: I called in to get tracking number, card is in route to my house as we speak.

I am currently entering my grace period as an F-1 student, I just graduated from my PhD program this month. My I-20 and F-1 visa have an expiration date of 12/31/2017. However, I believe that the I-20 gets updated at the end of the month when my school contacts USCIS/DHS. I have multiple job opportunities at hand, so that is not an issue.

Now, to the issue of hand. I have a trip scheduled with my wife, after a long and stressful time of studying and finishing up my PhD dissertation. Our flight is scheduled for 05/31/2017, been planned for a long time and was given to us by her parents as our honeymoon, thinking that I'd be home free after graduation and getting my EAD card.

I have spoken to my immigration offices at school, they say that they usually recommend students to apply for OPT to keep their F-1 status intact while they do the change of status. I have read that this is not allowed as well as the F-1 status being voided as soon as we submit the I-485 ( I asked a tier 2 representative about this as well and she confirmed).

I have a consultation appointment with an immigration lawyer tomorrow morning to try and figure out what the best steps are. I also have a INFOPASS session scheduled for 05/02/2017, not sure if it will help me. Hopefully the appointment will clear that up.

A few questions I have, and my thoughts, hopefully somebody has answers. I will update this post after the meeting tomorrow.

1) If I apply for an OPT to "remain" on F-1 status, even though it's some faulty one. Will I most definitely void my I-485 application on re-entry?

2) When you file your I-131 it offers you to send it to an embassy abroad, that does not count for a AOS application? I hear people saying that if you depart the US prior to the AP being issued you void your I-485.

3) Does voiding I-485 mean that my EAD is also lost? I assume so since I wont be able to enter into the US legally, except on a tourist visa.

4) Would I be able to apply for OPT, cancel my I-485 before the trip, acquire a job on OPT and then re-apply to my I-485 at a later date without any issues? I have a multiple jobs available to me. Of course this would cost me another filing fee, but it would be less than re-scheduling my summer vacations. - I think this is the most viable option to be honest but I would rather be able to salvage my previous one.

5) Could I do the above, in (5). Apply for OPT as a backup and go out of the country. Worst case scenario I void my I-485 but have a normal OPT pending. Best case scenario I manage to enter and I-485 stays in tact.

6) Is there no way to the AP expedited on the terms that I already have the EAD card? I would imagine that the background check and process is pretty similar.

Thanks,
Seattle-Iceland Filer