I just received my EAD card after submitting my I-485 application based on an EB-5 case that is under the name of my wife. Meanwhile, I am about to finish my study at a U.S. college. In this case, do I need to or am I eligible to apply for OPT? In a worst-case scenario, if my I-485 gets denied, should I apply for OPT as an alternative?
Answers
BoBi Ahn
Immigration attorneysOPT (optional practical training) authorizes you for stay and employment. It does not authorize you to study in the U.S. Irrespective, at this stage of your processing, you can work and study in the U.S. under the pending status.
Daniel A Zeft
Immigration attorneysSince you have employment authorization now, you do not need to apply for an EAD card based on OPT. However, if your immigration attorney feels that your I-485 application could be denied, then you could file an I-765 application based on OPT.
A Olusanjo Omoniyi
Immigration attorneysIt is advisable that you continue to use your I-485 related EAD.
Lynne Feldman
Immigration attorneysIt would not hurt to get the I-20 endorsed for OPT. You can then either file for the EAD or not, but I would recommend filing for it.
Bernard P Wolfsdorf
Immigration attorneysTechnically there is nothing stopping you from applying for an F-1 OPT. The advantage is that if approved, and the adjustment is denied, you will not automatically be placed in removal proceedings.
Stephen Berman
Immigration attorneysIt is always a good idea to maintain valid nonimmigrant status. If that requires applying for OPT, then you should indeed apply for OPT.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.