Is it OK to file i-765 with i-485 if you already have OPT EAD

[Mihir Patel 0]

Hello,

I have STEM EAD card and expiration date is 06/25/2020. 

I recently got married and applying for green card .

Can I fill out from i-765  with i-485 for green card EAD?. If so which box should I select from the form 1.a 1.b or 1.c.

[Nouchigang 200]

Hello, yes it is totally fine to apply for another EAD because the EAD you will get from your AOS processing wont have any restrictions so you will be able to work anywhere.

As for the questions you are mentioning which page are you referring to from the application?

[Mihir Patel 0]

Thank you for reply.

I am referring to first page of from I-765.

part 1 reason for applying 

I am applying for ...

 

i already have OPT STEM EAR not sure should I select 1a 1b or 1c

[Nouchigang 200]

Hummm I would say 1c by elimination since you already have one and you are not requesting a new card for a mistake, but I am not sure

@geowrian would you please give you input on this please? OP had an existing OPT STEM EAR, would like to include I-765 in AOS package but is not sure on what to answer on page 1 of I-765, question 1

20 hours ago, Mihir Patel said:

Thank you for reply.

I am referring to first page of from I-765.

part 1 reason for applying 

I am applying for ...

 

i already have OPT STEM EAR not sure should I select 1a 1b or 1c

 

 

[geowrian 22,338]

21 hours ago, Mihir Patel said:

Thank you for reply.

I am referring to first page of from I-765.

part 1 reason for applying 

I am applying for ...

 

i already have OPT STEM EAR not sure should I select 1a 1b or 1c

1 hour ago, Nouchigang said:

Hummm I would say 1c by elimination since you already have one and you are not requesting a new card for a mistake, but I am not sure

@geowrian would you please give you input on this please? OP had an existing OPT STEM EAR, would like to include I-765 in AOS package but is not sure on what to answer on page 1 of I-765, question 1

This is considered an application for a new EAD (1.a), not a renewal.

[Nouchigang 200]

29 minutes ago, geowrian said:

This is considered an application for a new EAD (1.a), not a renewal.

Ah my mistake then, thank you very much for your kind help

[geowrian 22,338]

No problem. It's not clear on the form itself, but the instructions clarify it:

 

https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf

"Initial EAD: An EAD issued to an eligible applicant for the first time under a specific eligibility category.

Renewal EAD: An EAD issued to an eligible applicant after the expiration of a previous EAD issued under the same category.

Replacement EAD: An EAD issued to an eligible applicant when the previously issued EAD was lost, stolen, damaged, or contains errors, such as a misspelled name."

 

An EAD based on an I-485 is (c)(9) category. An EAD for OPT is a different category.

[arken 4,197]

As said, select 1a. Its a new application. OPT EAD and AOS EAD are two independent EADs. My suggestion is, keep using OPT EAD and keep AOS EAD as a backup and use only when necessary.