Which EAD to use OPT EAD or GC based EAD

[GrizzlyBear]

I am on F1 (Change of Status), post-completion OPT(12 months) date December 2011-december 2012.Did not go I am using OPT-EAD for my employment.

I applied for my I-485,EAD,AP as a derivative (husband application).

I am hoping that my GC-based EAD/AP will be approved in next month.

1.Which is the best EAD to use OPT-EAD or GC-EAD to continue my employment and Why ?How important is this decision?

2.What happens to my F1 status if I start using GC-EAD?

3.Can I only use AP for international travels(INDIA) and OPT-EAD for employment?

4.Will it matter if I start using my GC based EAD and my husband continue to stay on H1?

Thank you,

[pontevecchio]

1. GC-EAD

2. You are now "awaiting AOS" and will be awaiting AOS till you get the GC. The F1 is irrelevant.

3. AP for travel. GC-EAD for work. Why the fascination with F1? In any case you will the GC in a few months.sooner rather than later.

4. It will not matter.

[my2239]

1.Which is the best EAD to use OPT-EAD or GC-EAD to continue my employment and Why ?How important is this decision?

Answer: It is really your choice

Using OPT-EAD is highly restrictive and risky in thes sense that the work must be relate dto your field of study

also the duration is short and it is not extendable

If I were you I would prefer the GC based EAD as it give smore flexibility

2.What happens to my F1 status if I start using GC-EAD?

Actually nothing really

Your F1 status is independent of your GC application

However F1 status is typically a finite one in teh sense that it is usually for a period needed to complete your studies

Now the GC based status (period of authroized presence as an applicant of 485) is great and sufficient to continue staying in USA as well as working (with a gc based EAD)

As you know it is tied to the GC process so if there is some trouble with the GC, then this status is not applicable at all

In thats ense it is better to leave the F1 status and file a I 539 to move to H4 this way you have a back up status (as long as your H4 is valid) even if your GC is rejected

3.Can I only use AP for international travels(INDIA) and OPT-EAD for employment?

Well this is a grey area

When you use AP, you are advised, expected to use EAD to work although there are conflicting opinions if this is enforced

I would forget about OPT based EAD, move to H4 and rely on the the GC based EAD, AP

4.Will it matter if I start using my GC based EAD and my husband continue to stay on H1?

Not at all, in fact it is designed to be that way

Your husband using an H1 gives you the benefit of a back up status like H4 (if appplied, approved) and more importantly it gives him a back up if the GC process is effected negatively in anyway

[pontevecchio]

Please also note you can never come back in F1 status from now to eternity.