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Immigration
EAD (WorkPermit)
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Apply for STEM Extension while waiting for Adjustment of Status EAD
Hello All,
I am currently on my OPT which is expiring on Feb 6, 2020. I applied for Adjustment of Status and I-765c(9) - green card based EAD while I was on my OPT. I have been waiting for green card based EAD for past 6 months now and have not heard anything back yet.
SInce, my current OPT is about to expire can I apply for STEM - OPT extension and continue my work using i-797 (automatic 180 days extension)? My green card EAD should arrive within the 180 days time frame. I received a conflicting response from immigration attorney.
Attorney 1 : There is no conflict per se in working under the OPT/EAD while you file for the I-485/EAD; however, once you file for the I-485-based EAD application, you will no longer be eligible for the OPT/EAD extension since you are no longer maintaining non-immigrant status.
Attorney 2: The two are mutually exclusive. They do not conflict. Also, there is nothing wrong if the EAD overlaps.
Anyone with experience on this kind of situation?
I am currently on my OPT which is expiring on Feb 6, 2020. I applied for Adjustment of Status and I-765c(9) - green card based EAD while I was on my OPT. I have been waiting for green card based EAD for past 6 months now and have not heard anything back yet.
SInce, my current OPT is about to expire can I apply for STEM - OPT extension and continue my work using i-797 (automatic 180 days extension)? My green card EAD should arrive within the 180 days time frame. I received a conflicting response from immigration attorney.
Attorney 1 : There is no conflict per se in working under the OPT/EAD while you file for the I-485/EAD; however, once you file for the I-485-based EAD application, you will no longer be eligible for the OPT/EAD extension since you are no longer maintaining non-immigrant status.
Attorney 2: The two are mutually exclusive. They do not conflict. Also, there is nothing wrong if the EAD overlaps.
Anyone with experience on this kind of situation?
All Replies (4)
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