OPT EAD EXTENSION COVID-19

[mirasweden 0]

My husband is a US citizen and we are about to file our marriage application. I have been in the US as a student since 2013 with no issues. I'm currently on my F1-visa completing my second OPT, which expires in July 2020. With the current processing delays due to COVID-19, it will most likely take longer than 3 months for the new EAD (I-765 and I-485) to process once submitted. This means that I will have a "gap" unless I’m able to extend my current EAD (category C03B). 

I know USCIS released “automatic extensions of EADs in certain circumstances” due to the current situation, but my EAD (category C03B) doesn’t qualify. I don’t believe I qualify for an EOS or COS either as it's not a STEM major. I currently work as an independent contractor (self-employed) providing digital marketing services globally. 

 

Questions:

1. Is there anyway for me to extend my current OPT EAD? 

2. What would happen if I keep working as an independent contractor/freelancer while my I-485 is pending? 

3. Is there any other solution? 

 

Any comments or advise would help!

[Boiler 45,486]

1. Not that I know of, what was the plan if you had not married and filed?

 

2. You would be working illegally.

 

3. You could apply for an expedite if you can meet the criteria.

[beefmaster 52]

I am in the same situation. 

 

No way to extend OPT EAD

 

No you can't work in the gap

 

And no other options but expedite

 

Not a great situation but it is what it is. See if your current employer can put you on administrative leave while your new EAD is processing. 

[irishoxford 38]

I'm in a similar position.  I'm a professor at a university here in the U.S., so I won't need the renewal until mid-late August, but our original Feb. filing was rejected (old form; March one accepted), so it's going to be cutting it very tight.  The flipside for me is that I can't start teaching mid-semester, so it could put me out of work either until January (or, very possibly, entirely).  

I'm sure USCIS has its reasons for why the auto-extension doesn't apply to changes in filing category (to my knowledge, the AOS I-765 is filed as a "new application" anyway, not a renewal).

 

Hoping they'll maybe relax the guidelines on that too, but not holding out much hope (plus we need to get biometrics done). 

If it helps, I'm planning to talk to an employment lawyer at some point soon to see if there's a workaround.  I mean, I doubt it, but I'll keep you updated.

[cookies11 0]

On 4/24/2020 at 7:30 AM, irishoxford said:

I'm in a similar position.  I'm a professor at a university here in the U.S., so I won't need the renewal until mid-late August, but our original Feb. filing was rejected (old form; March one accepted), so it's going to be cutting it very tight.  The flipside for me is that I can't start teaching mid-semester, so it could put me out of work either until January (or, very possibly, entirely).  

I'm sure USCIS has its reasons for why the auto-extension doesn't apply to changes in filing category (to my knowledge, the AOS I-765 is filed as a "new application" anyway, not a renewal).

 

Hoping they'll maybe relax the guidelines on that too, but not holding out much hope (plus we need to get biometrics done). 

If it helps, I'm planning to talk to an employment lawyer at some point soon to see if there's a workaround.  I mean, I doubt it, but I'll keep you updated.

I'm in a similar position as well. Were you able to talk to an employment lawyer?