I am on the same boat. Looking for some advice if I can apply for OPT with marriage based i130, i485 and i765 pending.

I applied for both. combined i765, 130 and 485 on Nov 3. Then applied for opt Feb 2. Then gc ead approved on Feb 11. opt ead got approved on Feb 15. OPT EAD was fast.

you can’t apply for opt if you’re in the process of marriage based.

it's such a good news. @best warrior would you mind to tell us your PD of I765, 130 and 485? and didn't you take another biometric?

Hello Michelle. I gone through same process from F-1 to GC holder. Looks like you already applied for I-765 EAD or work authorization. As long as you have receipts notive (I-797) for I-485 and I-130. You are good because your application is already pending with uscis. Because you currently have pending applications with uscis you don’t going to out of status because you have not applied for OPT afer graduation. Currently Ead time is 8 to 12 months for all categories. By the time you gonna graduate you will receive your EAD. Why you want to apply another one which will have restrictions. With marriage based applied EAD you have nothing to worry about getting job after opt. You can work in any company which you want except if role needed to be US citizen. I hope this will give satisfaction.

@best warrior: Congrats. That was fast. what are your service center and field office for broth cases?

@sassy j gc service center nbc. and for opt potomac

Hi Michelle, I’m going though the same process. I agree with @Harry B. I did some research and asked for help from school. Duplicating application might impact on your previous applications. I applied on Aug 2021, just got approved 2 days ago. And, I’m expected to graduate this April. Just be patient and wait for it. I hope you get it soon. Good luck.

@best warrior, that’s good. Those SCs are better than TSC. Congrats again.

@Harry thank for advice. It's nice to have EAD in the expected time but I also have seen a lot people been waiting years for their EAD. My I20 is expired this May, I am worried of being out of status, and after graduation I have neither school nor work. With EAD card I can work 20 hours a week while waiting for GC approval.

@Tai N congrats on your card. So you didn't apply I765 for OPT? Can you pls let me know what advice you got your your school counselor?

@Michelle Thank you. They didn’t specifically say that it will ruin my application if I apply, but they pointed out that duplicating application often time affects previous application. I was worried about out of status as well. They told me that since I have a pending I-485 application, I’m technically legal to stay in the country until final decision. In stead of getting out of status, they will let you do a form or something (have not done yet) to complete your status. So technically you will no longer be a F1 visa student. They did give me option if I want to maintain my F1 status by taking more classes, and I don’t want to waste my money. If you have legal representative, ask them. And, look for advice for your school counselor before making harsh decisions.

Hi Michelle, As long you have pending I-485 and I -130. You are not going to out of status. Because you already applied to uscis. But you can’t travel on this and you will be not allowed to enter back to USA. You need to file I-131 application for travel document. As long as you are in USA until you get your green card you are not of out of status. Because you applied before completing your education. I am just sharing my experience I been through. Rest is your choice. Because you already applied for immigration benefits with USCIS. Thx

Thank you so much @Tai N @Harry B. I think I get it now. I will meet counselor next week and hope she can give me a solution. Good luck to your case!!!

Hi @Michelle, I hope I’m not too late in this conversation. I’m on the same boat, applied for I765, 130 and 485 (PD 9/13/22) and still just case actively being reviewed. I’m graduating in May 2022 with a job offer starting in June, so I applied for F-1 OPT on 02/07. Although my DOS said there is a high chance of OPT denial due to my pending AOS, my OPT got approved yesterday (in 10 days). For parallel application- my immigration lawyer and DOS stated that applying for OPT I765 shouldn’t affect my AOS application. There are conflicting views on this, but I wanted to be on the safe side with work authorization as the waiting time for ead is like 8-12 months…

I have a different case. I am on my OPT EAD which expires in August 23, I do have STEM OPT left though. But I am getting married in Jan 23and will be applying for AOS. Two questions - a) Can I work on my current OPT EAD while the application is processing? b) Can I apply for STEM OPT EAD since GC EAD will take around 8-10 months.

@Leo, Tai, and anyone who applied OPT I765 after filing marriage I485 based I765: do you answer 'yes' or 'no' to question 12 on the I765 form: 'Have you previously filed Form I-765?'; if answering 'yes', do i explain that I have previously filed I765 for marriage based I485?