Filing EAD (AOS) and EAD (OPT) Simultaneously

[Mayukh 0]

Hello Everyone,

I am a PhD student on F1 status, got married on Feb 8th, 2013 and filed from AOS on Feb 13th, 2013. I recently received a job offer with a start date of March 25th, 2013. After looking at the current EAD (AOS) timeline I am worried that I may not be able to get my work permit by March 25th. Since I have completed all my PhD coursework, I am eligible for an OPT on my current F1 status. During this time of the year, I have heard that F1 OPT comes relatively sooner. So I was wondering if it is okay/legal for me to file an EAD through OPT while my EAD through AOS is pending? Will it cause a confusion to the USCIS official? Please let me know if you are aware of a similar situation and its consequences. Any suggestion or information is greatly appreciated.

Thanks a lot!

[AnotherLostSoul 167]

I think no, you cannot. But this is just me thinking...you are right now having filed AOS no longer on an OPT status anymore...you're status "pending" now between international student and permanent resident. I think you cannot apply for OPT based EAD now, as I think you don't qualify for it anymore as your case is "pending". You'll get an EAD from this process (hopefully on time). Or if you are rejected, that will be revoked and you're done. Since you are no longer an F1 student taking full time courses, you cannot maintain F1 visa status in case you get denied for AOS. But someone might going to write here that I'm incorrect. I am not sure, I am just thinking this here...