I applied for I-485 and I-765 simultaneously in July, but my STEM OPT expires on October 1. I received my I-797C Notice – expected processing time is 3 to 4 months. The new EAD should arrive in October. Can I work between the expiration of my STEM OPT until my new EAD arrives, showing I-797C as automatic extension of EAD until the new one arrives? What should I do if my new EAD card arrives some time after my OPT EAD expires, should I quit my job?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou should not continue to work and perhaps ask for a leave of absence while awaiting the new card. Your attorney may be able to ask for an expedite depending on the urgency that you continue to work from the employer''s perspective.
Sunwook Sunny An
Find an EB-5 Visa Lawyer: Immigration AttorneyYou may not work until your EAD is approved based on I-485 filing after your STEM OPT ends. Automatic extension is only available for EAD renewal cases. In your case, since your STEM OPT expired and your new EAD application filed with the I-485 is not a renewal but a new EAD application, automatic extension is not available. Hopefully your EAD will be approved soon.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIt would be prudent to go off payroll if your new EAD does not come through timely.
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