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jalz
Aug 25, 2008, 11:38 AM
Current Visa Status:

I have F-1 Visa. I have applied for my OPT(Optional Practical Training) in June end month. But I haven't received my EAD card yet. I will be done with my Graduate program at 31st of August and my OPT will start from 1st of the September.

I have filled out I 765 to apply for the OPT work permit.

I want to apply for my Green Card through my Husband( He is US citizen).

Questions to be asked:

1. Which forms are required to begin Green card Application?

2. I see there is one I -765 form is required to get work permit while my application is in the process. But I have already filed my OPT application with the same form. Do I need to file work permit form( I -765) again along with my green card application( I 485)?

3.If I require to file I 765 form again with my Green card application, will I still get my OPT work authorization card( which I should be receiving in a month) ? Or because of the new application my current ongoing OPT application will get expired?

Conflict 1- In the case because of new green card application, OPT will get cancel what status I would be on until I my green card get approved? Is there any chance of me going out of status... and to adjust that do I need to file any extra form?

Conflict 2- Is there any possibility that I can still get my OPT card after the green card application( along with submission of work authorization I 765 for GC)?
And I can continue work on my OPT( once I get my EAD card of OPT application) till I get EAD card for the Green card application.

4. Is there any possibility that as I have already applied for work permit through-OPT through my university, when I get a card I can work for a year... without getting/applying work permit along with Green Card application... and when my OPT work permit get expires( after a year) can I renew it with my Green Card application status?

lawanwadee
Aug 25, 2008, 08:24 PM
Now you make it complicated...

What to do is, since you already filed for EAD, when you file for adjustment of status based on marriage to US citizen, you don't have to file another EAD. You can work with the EAD obtained fro OPT. If EAD expires before you receive your green card, then you need to apply for a new EAD based on marriage to US citizen.

Since you entered US with student visa, I would recommend having experienced attorney handle the case for you.