OPT EAD During Green Card Application Processing Time

[weneedadvice1]

Hi all,

 

I have a question about an adjustment of status - specifically from an F1 visa to a green card via marriage. I am currently completing my OPT STEM extension (which expires at the end of this year) and am about to apply for a green card based on marriage. Once I submit my green card application, will I be still eligible to work with my OPT EAD? Or will my OPT be void? I don't want to be ineligible to work while my green card is processing as that would be really unfortunate timing. I have read about applying for an EAD while my green card is processing but does that mean that I will still be ineligible to work as soon as I apply for a green card?

 

Thanks in advance for your help!

[pontevecchio]

Are you marrying an USC?

[weneedadvice1]

Thanks for your response! Yes, I am.

[pontevecchio]

Let a Lawyer deal with the paperwork. Once your I-130 with AOS EAD/AP is filed with the receipt you are in a safe harbor. In the meantime no reason why you should not work on your current EAD. One word of caution. Do not leave the country without either the AP or a GC in hand. Transgressions by spouses of USC's are not punished.

[weneedadvice1]

Thanks for your response. i think we want to try to do this without a lawyer, if possible. I do not plan to leave the country before my GC is in my hand. I don't want to take that risk.