Working while AOS and STEM-OPT EAD application pending

[adityakulkarni198 0]

My current OPT expires on May 1 and I have applied for a STEM-OPT extension. I could not apply until March 2nd week, so I will be working in the 180 day grace period after my current EAD expires. I am marrying a US citizen next week and plan to start my AOS and GC application process right away.

1. Would I still receive my STEM-OPT extension EAD card?

2. What is the best advice to continue work? Is it advisable to go ahead with the GC application or apply after receiving the new STEM-OPT extension EAD?

[arken 4,197]

1. Yes

2. Go ahead with GC application.

[AhsanTX 18]

On 3/13/2019 at 1:40 PM, adityakulkarni198 said:

My current OPT expires on May 1 and I have applied for a STEM-OPT extension. I could not apply until March 2nd week, so I will be working in the 180 day grace period after my current EAD expires. I am marrying a US citizen next week and plan to start my AOS and GC application process right away.

1. Would I still receive my STEM-OPT extension EAD card?

2. What is the best advice to continue work? Is it advisable to go ahead with the GC application or apply after receiving the new STEM-OPT extension EAD?

1. You will most likely receive STEM-OPT EAD earlier.

2. You should continue working with your current status or STEM-OPT EAD (when you get it). But when you get your new EAD based on the GC application, it is highly recommended to abandon the STEM-OPT EAD and notify your school of your change of status, also continue your work using the new GC EAD. 

It is better to apply for GC as early as possible. If the two applications simultaneously conflict with each other, USCIS will provide you only the GC EAD instead of the STEM-OPT EAD. But most likely you will receive the STEM-OPT EAD earlier since you've already applied for it. So either way you will receive at least one EAD which should serve the purpose to continue your work.

[adityakulkarni198 0]

I am just worried if my application for the STEM-OPT EAD be nullified if I apply for AOS.

[AhsanTX 18]

13 hours ago, adityakulkarni198 said:

I am just worried if my application for the STEM-OPT EAD be nullified if I apply for AOS.

Even if your STEM-OPT EAD is nullified, you will get the GC EAD. But if you are not in a rush to travel abroad or switch jobs and want to avoid any confusion then wait for few months until you get the STEM-OPT EAD. Then apply for GC.

[adityakulkarni198 0]

2 hours ago, AhsanTX said:

Even if your STEM-OPT EAD is nullified, you will get the GC EAD. But if you are not in a rush to travel abroad or switch jobs and want to avoid any confusion then wait for few months until you get the STEM-OPT EAD. Then apply for GC.

But, if my STEM-OPT EAD is nullified, I can't be working on an expired OPT card.

[AhsanTX 18]

On 3/15/2019 at 10:57 AM, adityakulkarni198 said:

But, if my STEM-OPT EAD is nullified, I can't be working on an expired OPT card.

If your STEM-OPT EAD is nullified, you can still probably work if you don't notify them until you get the GC EAD since you will be in the 180 days grace period. But it would not be a very good and easy way. So to be on the safe side, you can apply for GC later when you receive your STEM-OPT EAD.