How should I file my I-765, through STEM OPT extension or through AOS that is pending? - EB5Investors.com

How should I file my I-765, through STEM OPT extension or through AOS that is pending?

I have filed my EB-5 I-485 (Spouse adjustment of status) and my case is still pending. But I am on an F1 visa and about to apply I-765 form for STEM OPT online but it is automatically filling my USCIS number related to my I-485 form. What should I do in this case, should I fill out the I765 form online (even though the USCIS number is appearing of another case) or should mail my documents? Any other options here?

Answers

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

You should apply for OPT by mail and fall on OPT EAD to remain in underlying F-1 status, assuming you are eligible for OPT and OPT EAD is approved. You will have EAD through a pending AOS as a backup, which generally takes longer to receive it.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

I would file for both if eligible in both.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

I encourage my clients to do both but they may require you to elect. Since STEM OPT is faster, you may want to rely on that, but if there is a problem the C9 pending AOS application will be there, just in case. Okay to apply for both.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

It is not possible to file STEM OPT extension or through AOS that is pending. Discuss with your attorney, but an AOS EAD seems like an option for you.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

Do it based on OPT, so you can maintain OPT status.

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