I-765 do I answer (c)(9) for question 16?

[drpenguin15 0]

So i'm yet to graduate this December and already put in the application for my EAD OPT via my school.(Which should have a start date of 4th January)

But I got married to my girlfriend and I would like to (re)apply for for my EAD based of the marriage but I am not ready to file for AOS yet.

I'm not sure which Eligibility Category I fall under, since i'm not applying as a student (though I have that in process and i will make reference to that under question 11).

The main reason is some employers I will require authorization to work in the country which is not OPT.

Thank you.

[arken 4,197]

I don't think you can apply for the EAD you are talking about before filing for AOS (you can apply for i765 concurrently with AOS). You are not allowed to work just because you are married to a US citizen. You legal status is still a student and you are allowed to work from your F1 staus via OPT EAD. So OPT EAD is the only option for now.

Only if you file for I765 along with AOS, then you get EAD which can be renewed as needed till you get your GC.

Edited November 23, 2015 by arken

[drpenguin15 0]

Thank you arken.

but i'm still confused.This page says you can file i765 before AOS

http://www.visajourney.com/content/k1k3ead

or it is only for K-1 visa holders.?

[arken 4,197]

Yes, that's only for k1 visa holders. Even in that case the EAD will expire the same say k1 visa expires (typical 90 from US entry date).