I-765 might not be approved in time

[LaurieC 0]

Hi, I'm a USC and my husband is here on an F-1 visa - on his post-completion OPT. We had a baby last year and got married a couple of months ago.

My husband's EAD expires on July 31, 2013. For his AOS, we submitted the I-485, I-130, I-693, I-864 and I-765 in March. The entire packet was just returned to us on Saturday with rejection notices due to overpayment. (I had called the USCIS to ask whether we had to pay the I-765 fee even though we were filing the I-485 at the same time because I had seen conflicting answers on their website and was told that YES, I did need to include the I-765 fee. Turns out, that is incorrect.) I called the USCIS again and was told that it usually takes 3 months to approve an I-765 but they are backed up and it could take longer. I'm headed to FedEx today to resubmit our application with an updated check, but I'm concerned that it might not be approved before July 31 and my husband will be unable to work.

He is eligible for an extension on his OPT because he graduated with a STEM degree. Also, his office asked if we needed them to file an H1-B petition for him but we said no since we knew we were filing for AOS. So, if we are afraid that the I-765 we're filing might not come through by July 31, do we file an OPT extension for him so we're covered or do we go to his employer and ask for the H1-B? I don't want to confuse the USCIS by filing conflicting things but I don't want my husband to be unable to work for a period of time if the USCIS is too backed up.

Any thoughts?

Thanks!

[Harpa Timsah 13,258]

File the extension, and your EAD will be approved in 90 days. the explanation for "backed up" is wrong for EAD based on I-485.

[ddkorestin 10]

u never know, it might come even come earlier, no one can say for sure