How does an OPT-based EAD differ from a green card-based EAD? - EB5Investors.com

How does an OPT-based EAD differ from a green card-based EAD?

I filed for an OPT-based EAD and it has been approved. However, I am going to file my green card application through my spouse as well. Shall I file for another employment authorization document with the green card application? Or does the same one apply?

Answers

Lynne Feldman

Lynne Feldman

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Answered on

The OPT ED only allows you to work for the employer indicated on the I-20 and approved by your DSO. The EAD through a pending green card case is open-market, allowing you to work anywhere. So yes, I would apply for that especially as the fee is included in the $1225 you are already paying for the I-485.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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Answered on

Yes, you have to file a new I-765; the legal basis is different and expiration dates will be different.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

OPT-based EAD has more restrictions, for example, you are only allowed to be unemployed for 90 days, whereas spousal-based C-9 EAD does not have that restriction.

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