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

I am currently on OPT (first year) and has filed I-485 (spouse of PR-adjustment of status). I did not submit I-765 as along with I-485 as I had EAD from OPT. My OPT will expire in January 2022. So I am planning to file I-765. Should I do it as part of AOS, or through STEM OPT extension? Can I submit both applications?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on October 11, 2021

  You can submit both - I need more info to decide what is better for you.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on October 8, 2021

  You can submit both, but as a practical matter, they do not want to approve both. If you have an E-verified employer, the STEM extension may be best for expeditious adjudication.

• Dennis Tristani

  Immigration Attorney

  Answered on October 7, 2021

  You can submit both applications. I would absolutely recommend submitting the I-765/I-131 via the pending AOS, which will give you an unrestricted EAD, which also allows for 180-day automatic renewals (c9 category).

• Stephen Berman

  Immigration Attorney

  Answered on October 7, 2021

  If you are eligible to get one based on a STEM extension, the receipt may automatically extend your permission to work. A new application can take 9 - 12 months to process.

• Salvatore Picataggio

  Immigration Attorney

  Answered on October 7, 2021

  I would look into it, but probably the AOS. Definitely worth a discussion with an immigration attorney to review your history and plans.

• Raymond Lahoud

  Immigration Attorney

  Answered on October 7, 2021

  You can apply for more than one employment authorization document under more than one category, with separate applications.