Immigration Issues/I458/EAD/OPT



I am a Master's student who changed from H4 to F1 for Spring 2012. My husband is about to file I-485 with EAD/AP(I would be included in the application) in a month or so. I had a job interview with company A a few days back and had certain questions.

1) With my I 485 pending, what would be my visa staus in USA?

2) Can I apply for OPT with a pending I485/pending I485 but issued EAD(from AOS)?

3) Can company A file for my H1B with a pending I485?

4) By approximately how many days can I expect to obtain the EAD (due to AOS)after the I 485 filing.(My husband's priority date is May 2010)?

5) Is there any disadvantage if I start working with EAD(due to AOS) instead of applying for OPT and later H1(if they are permissible).

Thanks a lot.


Dear Riya:
1) With pending I-485 your status would be - I485/Green card pending; however, if you are also on any other visa (f1/h1), your visa status would not be affected;  
2) Yes you can; however - it is highly unlikely to obtain EAD based on OPT if the authorities are aware of your filing I-485 application, and if you already have or have applied for EAD based on pending I485 - you may not be issued an EAD on OPT (USCIS would issue an EAD only one category; USCIS may consider F1 status abandoned once you apply I-485);
3) Yes (H1B is a dual intent visa and may be applied even when you have pending I-485);
4) w/in 90 days of filing (provided biometrics have cleared);
5) Not to my knowledge.

Best wishes,  

Immigration Issues

All Answers

Answers by Expert:

Ask Experts




Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Member - AILA. Bar Council of India.

LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

©2017 All rights reserved.