Can I apply for OPT after filing for GC

[minn2011]

Hi,

I am married to a US citizen. I am going to apply for GC. But due to a tragedy in my in-laws' family, I am holding back the application for now. I will apply for it around Sep 2011. However, I will be graduating in Dec 2011. I can apply for EAD along with my GC application, but I am worried about what would happen if things goes wrong with my GC application and my EAD gets delayed.

My other option is to apply for OPT and apply for GC without EAD application. My question is, is this an acceptable option? Will USCIS accept my OPT application while I have a pending GC application?

My 2nd question is, at what point after filing concurrent I-130/I-1485, I dont have to maintain my F1 status anymore?

Thanks,

Mainak

[pontevecchio]

File the I-130 and AOS/EAD/AP at one go now. What has a tragedy got to do with filling up forms? Once the application is on file you can legally stay. Talk to your Lawyer.