US Citizen applying for Green Card for spouse (on F1 visa/ OPT)

[sm302001161]

My wife is currently working in the US under OPT after completing her Masters degree (not STEM). Her 1-year OPT will end in October 2011 and her F-1 visa is valid until August 2012.

As a new US citizen, I plan to apply for her I-130 and I-485 concurrently this month. Since I expect that the processing time for her green card will exceed her OPT completion in October 2011, what are my options of having my wife stay and (if possible) continue to work with her currently employer legally in the US?

Thank you for your guidance.

[t75]

Get busy filing! She can remain while paperwork is in process but cannot work without authorization.

[pontevecchio]

The AOS receipt will let her stay. The EAD will let her work. That may take 2-3 months along with the AP. Once she has the receipt she is fine to stay and work after the OPT is over on the EAD.

[Joe.F]

Together with the I-485, she can file for an EAD. The pending I-485 keeps her legal, and the EAD allows her to work for any employer.

Note that this EAD is different from the OPT-EAD.

[sm302001161]

Thank you for your response.

When I file the I-130 and I-485 concurrently for my wife, is there a separate process/ document that I need to file for her EAD and is this dependent on the receipt of the AOS or some other document?

[Joe.F]

Originally posted by sm302001161:

Thank you for your response.

When I file the I-130 and I-485 concurrently for my wife, is there a separate process/ document that I need to file for her EAD and is this dependent on the receipt of the AOS or some other document?

The I-765 (EAD) and the I-131 (AP) can be filed together with the I-485.

The EAD is for work authorization, the AP for being able to travel abroad while the I-485 is pending.

[pontevecchio]

You need to file I-130/AOS/AP/EAD at one go. Look at their site to read the specifics. They have a lot of info and instructions.