F1 Applying OPT while Green Card (marriage) is pending

[YShin 0]

Hi, I have a question on applying OPT while green card (family based) is pending.

 

Here is my situation. I am a PhD student graduating Spring 2018.

I am currently holding F1 visa and married to a US citizen.

Thus I applied green card applications (I-130, I-485, I-765, I-131) on August 2017.

As of 02/05/2018, the green card application is still pending.

Received job offer starting July 2018.

 

The question is that am I eligible to apply OPT?

just in case the green card is still pending at the time of the appointment?

 

Any comments will be very appreciated! 

Thank you so much!

Any further information is needed, please let me know.

 

 

 

Edited February 5, 2018 by YShin

[ColoradoBeauty 79]

I think applying for OPT will be a waste of time and money, because you applied for I-765 last August.

What's the case status of your I-765 and I-131?

You might still be eligible for OPT, because you haven't use AOS benefit. But, you already have an immigrant visa pending, so you might not be able to apply for it. Regardless, it's better to worry about your I-765 from AOS than OPT. Especially, OPT is not free and is restricted, but EAD from AOS is free and can be used anywhere.

[adityaag 15]

Your I-765 should have gotten you an EAD.  That's what you should be working on since your F1 isn't exactly valid once you've applied for the I-485 and I-130.  My wife was in the same boat and did her internship with the EAD.  You can always switch to the green card once it comes through.