I recently filed my EB-5 I-485 but my 36-month stem OPT expires within 3 months. If my I-485 is pending and my OPT expires, can I stay in the U.S. and also continue working too?
Answers
Fredrick W Voigtmann
Immigration Attorneys DirectoryIf you have a properly-filed I-485, you are considered within a period of authorized stay and may remain in the United States. You need a valid employment authorization document (EAD) in order to legally work, however. You can apply for an EAD on Form I-765, which should have been submitted with your I-485, but you can file it now if you did not do so already. Also, you should talk to an experienced immigration attorney about other options to take before your OPT expires. It is recommended that you try to maintain a valid nonimmigrant status of some kind while your I-485 is pending.
Daniel B Lundy
Immigration Attorneys DirectoryYou cannot work once your OPT expires until either your I-485 is approved or USCIS issues you an I-765 employment authorization document (the application for which you hopefully filed with the I-485). If you do so, you are no longer eligible for adjustment of status.
Salvatore Picataggio
Immigration Attorneys DirectoryIf you also applied for a new EAD/AP combo card with the I-485, you have to wait for that to be approved too. Three months might be enough, but many EAD/AP requests are taking around five.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryHopefully, you filed an I-765 with your I-485. The filing of the I-485 does not on its own give you the right to work. In fact, if you work for one day without permission, that is a basis to deny your I-485.
A Olusanjo Omoniyi
Immigration Attorneys DirectoryNo, you cannot work without authorization. However, since you have OPT with three months on it, you should file Form I-765, Employment Authorization Document(EAD) right, so as to obtain EAD that will allow you to work if your current OPT expires.
Lynne Feldman
Immigration Attorneys DirectoryYou may remain in the U.S. while the I-485 is pending but working requires the approval of the work card, hopefully, you filed an I-765 with the I-485. If not, do so.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryYou can stay in the U.S., but may not continue to work until you receive I-485 based EAD.
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