I-485 aos, applying for new OPT

[John180]

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 waiting 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.

1. We do not know if this is allowed. Does anyone know if she can apply for OPT EAD while her I-485 AOS is pending?

2. Will this negatively affect her I-485 AOS application?

[manhattanite]

1) Yes, plenty of people do this. Just make sure the correct category is selected on the I-765 (I believe for post-completion OPT it’s C03B).
2) It should not affect the AOS process.

[UScitizenFilingforspouse]

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 waiting 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.

1. We do not know if this is allowed. Does anyone know if she can apply for OPT EAD while her I-485 AOS is pending?

2. Will this negatively affect her I-485 AOS application?

I’m a bit rusty here but I do not see an issue with your spouse maintaining valid F-1 status and applying for OPT and the OPT EAD.

I would even go ahead and apply for the AOS I-765 and I-131. They’re free of cost. The best time to apply for those is actually when you first apply for AOS. I’m guessing everything is taking longer these days. In a way, it would make sense to apply for both of them - just in case.

Either way, USCIS already approved your I-130 and that’s great. It means USCIS recognizes your relationship is real and sees your wife as the spouse of a US citizen.