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Sug7 Rookie

Sug7   0

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Filed: AOS (pnd) Timeline
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My husband's I-485 is in process but we keep getting RFEs which has delayed his EAD processing. He's on F1 visa and his job start date is approaching soon. So, my question is, can he apply for an OPT (Optional Practical Training)? Will it cause any problems with his adjustment of status? Please, help. I'd really appreciate it.

TIA

Sug

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Sug7 Rookie

Sug7   0

Posted
Filed: AOS (pnd) Timeline
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Is he still within the timeframe to apply?

When you say time frame, do you mean if he is still eligible to apply as a student or not? He hasn't graduated yet, but he will soon and can still apply for an OPT. Our concern is if it will affect his I-485 application and his EAD in any way? Thanks.

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NST Rookie

NST   0

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Filed: Lift. Cond. (apr) Country: Malaysia
 Timeline
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My husband's I-485 is in process but we keep getting RFEs which has delayed his EAD processing. He's on F1 visa and his job start date is approaching soon. So, my question is, can he apply for an OPT (Optional Practical Training)? Will it cause any problems with his adjustment of status? Please, help. I'd really appreciate it.

TIA

Sug

Yes, you can. I did the same thing in May and it does not effect my case status. However, OPT application takes forever I have only one touch since I sent my application (the OPT process can take up to 3 months)......as of today I already have EAD from AOS while the OPT application is still pending.

I think maybe EAD process through AOS is much faster.

Good luck!!!

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EstebanTrabajos Mentor

EstebanTrabajos   7

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Filed: Citizen (pnd) Country: Mexico
 Timeline
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There is no point on applying for the OPT if your EAD is still pending since both take around 3 months to process, the RFEs are not going to stop the normal processing time for the EAD but for the green card. If you applied first for your AOS, pretty much you are going to receive the EAD first than the OPT's one.

Either way, just remember that in case he hasn't received the EAD or OPT, whatever is the case, by the time he needs to start his new job, he cannot start working since he'll be working illegally in this country. He can start working until he has at least an EAD in his hands.

05/01/08 Green Card in mailbox!!

06/05/10 Real GREEN Card RECEIVED!

01/17/13 Sent application for US Citizenship!!!

01/19/13 Arrived to Arizona Lockbox

01/24/13 Notice of Action

01/25/13 Check cashed

01/28/13 NOA received by mail and biometrics letter mailed as per uscis.gov

02/14/13 Biometrics appointment

03/18/13 In-line for inteview

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