I have a pending 1-140 and I-485. I got my EAD based on AOS. I am currently on F-1 status and will be graduating in December 2020. Would there be any conflict if I apply for OPT EAD?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryIt is up to the USCIS to decide, but they have refused issuance of a second EAD with a pending adjustment. It makes no sense to argue that you need training to go back home when you already filed an adjustment. Best not to apply.
Steven D Heller
Immigration Attorneys DirectoryIt''s not clear to me why you would want to do that.
Stephen Berman
Immigration Attorneys DirectoryOften USCIS will not wish to give a person two EADs at the same time.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryWe generally advise clients to maintain non-immigrant status during the pendency of I-485, when doing so is possible. You have already obtained an EAD based on the I-485 so you should discuss with your attorney if there is any benefit to getting an F-1/OPT. The reason you would do it is to protect yourself in case there is an issue with the I-485 and I-140 (which you state is pending).
Lynne Feldman
Immigration Attorneys DirectoryYou are not allowed two EADs at the same time so you need to pick one.
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