I-130 & I-485 concurrent filing while OPT pending?

[newrui 0]

Hi guys,

My wife's on F-1 with her studies finishing in the middle of May. She has a full time job offer starting in Sept but wants to find an internship for the summer, possibly starting as soon as she graduates. We won't be ready to file I-130 / I-485 with I-765 for EAD until end of Feb / early Mar due to waiting on some paperwork. She's concerned that if she doesn't file for OPT now before I-130 / I-485 she may not be able to work during the summer.

Will there be problems if we file for OPT now, then I-130 / I-485 without I-765 a month later? Would the pending OPT application cause any problems?

Thanks in advance!

[Harpa Timsah 13,258]

She can file for OPT.

[Newbie608 103]

Or she can file I-130/I-485/I-765, and expedite her I-765. You would have to show proof of the job offer and such. I've seen people on here who have done it and got EAD approval within 30 days of doing biometrics....

Both ways will work out in time for her to work...

[MrPinkman 0]

OPT is only good for a year correct ? (unless your employer decides to keep you which is rare these days). I think she can file for OPT, & then adjust her status. I know there's a window after graduation to get the application in, but you're commonly advised not to apply "too soon" or too late either. I remember the director of international services at my college saying something to the effect that the I-485 will over-ride the EAD you receive from OPT if your application is approved. (tell her to ask her advisor, my memory fails me). You should be fine if you apply now or wait. But before the OPT is up on her I-20 - get her I-130/I-485 application in, that way she remains in status.

[newrui 0]

Thanks guys, we are going to hold on the OPT and file I-130/I-485 by the end of month, just in case something funny happens. I looked up expedited EADs and it seems to be a possibility if she gets an offer for summer internship. Worst case she just won't do a summer internship.