OPT F1 Student & Marriage-Based AOS pending

[SaraOhio 2]

Hello  

 

I am currently on post-completion OPT and it will expire on June 21st 2021, concurrently, I applied for AOS with my husband on May 28th 2020. I applied for Advance Parole with my AOS, but did not apply for the EAD (I-765) at the same time as my post completion  OPT was already approved. Considering the current situation I am afraid I will not get any update on my application until June 2021. 

 

I am currently considering applying for a I-765 linked to my marriage-based AOS, however, do you know if it is allowed to do so ?

 

Considering that I already have an OPT work authorization, I was thinking that this I-765 through AOS would help me to keep my current job while my application is being processed.

 

Thank you in advance for your help ! 

[aaron2020 11,651]

Without an EAD based on the I-485 or a green card, you will not be authorized to work after June 21, 2021.

It would be best if you applied for the EAD based on your pending I-485.  It's allowed.  

[sweetadams 138]

On 11/28/2020 at 2:46 PM, SaraOhio said:

Hello  

 

I am currently on post-completion OPT and it will expire on June 21st 2021, concurrently, I applied for AOS with my husband on May 28th 2020. I applied for Advance Parole with my AOS, but did not apply for the EAD (I-765) at the same time as my post completion  OPT was already approved. Considering the current situation I am afraid I will not get any update on my application until June 2021. 

 

I am currently considering applying for a I-765 linked to my marriage-based AOS, however, do you know if it is allowed to do so ?

 

Considering that I already have an OPT work authorization, I was thinking that this I-765 through AOS would help me to keep my current job while my application is being processed.

 

Thank you in advance for your help ! 

The two are separate issue. You should apply for your EAD based on your I-485 (marriage base) with your NOA.