AnnieT

That makes sense - thanks for providing that logic.

Hi All, My husband’s green card-based EAD card was just mailed to us (our I-130 was also just approved). While the green card EAD was pending, he was on OPT that expired at the end of June 2023. In May 2023, we filed a STEM OPT extension so he could continue working. This is still pending with USCIS (“receipt notice was sent”). Do we need to do anything with the pending STEM OPT extension request (e.g. withdraw it), or do we just let it be and assume USCIS will close the app, given the green-card based EAD was issued? Thanks!

Thanks so much for responding. Someone had told us there was the possibility that applying for the OPT STEM Extension on his active OPT EAD could somehow void his marriage-based green card EAD application, so we wanted to be sure.

Hi All, My husband (French) is currently on an expired F-1 with valid OPT through the end of June 2023. Through our lawyer, we filed for his marriage-based green card this past July 2022. Everything was received by USCIS on July 8 and the case has been pending since then (the only thing he has done is biometrics). We just received a request for evidence on form I-485 today and while we are following up ASAP, we are worried this request is going to delay his work authorization and that we won’t receive it before his F-1 based OPT expires this June 2023. We’re trying to subsequently make a contingency plan. My question is this: can he apply for his STEM OPT extension while his green card paperwork is pending, so his ability to work can continue? Thanks all!

Hi all, New here and looking for some advice. My husband and I will soon be filing for his marriage-based green card. He is a graduating PhD student on an F1 visa, with OPT pending (we’re hopefully expecting OPT approval in the next month or so). The international student advisor at his university said we should wait to file our marriage-based green card application until his OPT is approved. Our lawyer however said that it doesn’t matter and that we can file for the green card whenever. Any advice? The university advisor was concerned that filing the green card app now could jeopardize his pending OPT, and this is obviously our concern too. He is beginning employment on July 1, so imperative that his work authorization isn’t compromised. Is it safer to just wait for the OPT to be approved before we file? Thank you!