What immigration application should I file after I-526 approval?

Upon an approval of your I-526 petition, you are eligible to adjust your status in the United State by filing the I-485 application. With your I-485 application, you attach an application (Form I-765) for work authorization. USCIS is statutorily required to issue employment authorization (EAD) within 90 days and it usually takes three months for USCIS to issue an EAD for a pending I-485 applicant.

You should file the I-485 immediately. Your OPT will more likely be rejected.

As an immigration attorney, I would always recommend consulting with U.S. immigration attorneys to assist you with the process. If you apply to adjust now, you can also get employment authorization in approximately 90 days. Yes, you may need to delay work, but it is better to follow the immigration process properly.

Provided you file all of the appropriate forms and documents, you will receive work and travel authorization within 90 days after filing for adjustment of status, unless there is an RFE, in which case it might slow down the process by a couple of weeks. That means if you file now, you should receive a travel authorized EAD in June. If you do not have to start working immediately in May and can wait until June, then you are better off filing for adjustment of status right now. As long as you are in status when you file the I-485, you are okay.

Work authorization is included in the I-485 package (it is Form I-765) and the filing fee is the same whether or not you ask for work authorization. The I-765 typically is processed within 90 days. Therefore, if you file now, you would have work authorization by June. OPT is not necessary. You should retain an experienced immigration lawyer so that you can be properly represented and all options can be explained to you.

Thank you for you inquiry. I would also suggest filing your I-485 as soon as possible. You can apply for temporary employment authorization at the same time and should have it in 2-3 months. Good luck.

I would follow the advice of the immigration attorney and file for the I-485. The OPT may not be granted as you have already received verification of your intent for an immigrant visa. The processing of the visa could take place in China while you are at home. Visa processing takes time, so the sooner you start the better.

If money is not an issue, you can file both applications for Employment Authorization Document (EAD), one under F-1 student&#39s Optional Practical Training (OPT), and the other under I-485 (together with the I-485). They will be processed at different USCIS locations; therefore one might be faster than the other. Filing EAD under OPT will not conflict with the I-485.

You shall apply for I-485, because an I-485 EAD will be approved in about two months.

We usually advise our client to maintain their current status until the adjustment is approved. However, in your case, since the I-526 is already approved, your I-485 also should be approved unless you have some reasons for inadmissibility. Thus, I would advise you to apply for the I-485 right away, which will get you the EAD and travel card within 90 days after filing the application, well before your August deadline.

You should file your I-485 adjustment of status immediately along with you I-756 work permit application. You should get your work permit in 3-4 months. You cannot be a student on OPT and an applicant for adjustment of status at the same time.