F1 OPT EAD and I-485: Can spouse work?


rahulhimself

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I'm on H1-B and my wife is working on F1-OPT EAD. Her EAD expires in Jan'13. I'm applying for I-485 for me and my wife as a dependent. My question is:

1) Does that invalidate my wife's status on F1?

2) Can she apply for F1-OPT EAD extension?

3) Per my knowledge, she won't get her F1 OPT EAD approved after she applies for I-485. Does that mean that she cannot work once her current OPT EAD expires? Does she have to wait till hr GC gets approved or is there something called AOS EAD she can work on?

4) If for some reason I-485 gets rejected, can she revert to F1?

Any help in this regard would be greatly appreciated.

Thanks

Rahul

FYI: My GC category is EB-1 in case that helps answering any of the above questions.

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I'm on H1-B and my wife is working on F1-OPT EAD. Her EAD expires in Jan'13. I'm applying for I-485 for me and my wife as a dependent. My question is:

1) Does that invalidate my wife's status on F1?

2) Can she apply for F1-OPT EAD extension?

3) Per my knowledge, she won't get her F1 OPT EAD approved after she applies for I-485. Does that mean that she cannot work once her current OPT EAD expires? Does she have to wait till hr GC gets approved or is there something called AOS EAD she can work on?

4) If for some reason I-485 gets rejected, can she revert to F1?

Any help in this regard would be greatly appreciated.

Thanks

Rahul

FYI: My GC category is EB-1 in case that helps answering any of the above questions.

1. Applying for I485 itself will not invalidate the F1 visa.

2 . F1-OPT based EAD will be rejected.

3. She can continue working using her AOS based EAD.

3. No reverting back as F1 does not have immigrant intention and you filed for I485 which has immigrant intention.

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