What happens if you apply for EAD based on marriage to USC while OPT app is pending? 1 Answers as of July 01, 2011

I am F-1 student and applied for Pre-completion OPT on 4/17/2011 and got a notice from USCIS on 4/25/2011. Application status is still on "initial review". I already got a job offer and it is delayed because of the background check. (I need SSN for the background check. I don't need the EAD card since it is unpaid though). I got married to a USC on 6/20/2011 and am ready to file the Green Card application. I am also going to submit I-765 based on marriage to USC. My question is, what happens if I file for I-765 based on marriage to a USC while EAD based on OPT is still pending? What if I don't put the OPT information on I-765 application? I want to know what will let me get the EAD card faster. Should I: 1) just wait for EAD(OPT) to be approved and then apply for Green card. 2) Apply I-765 now without OPT info?

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World Esquire Law Firm | Aime Katambwe
Why do you need the OPT at all if you got married to a USC? The rule is that you may not have 2 application for the same benefit at the same time. As an immediate relative of a USC, you are entitled to an EAD if you file for your adjustment of status, which you will. You will then get your EAD no later than 90 days by law. When you start doubling up on applications, you simply complicate things for yourself. Here, your deal is very simple and easy as far as I am concerned. I would just go with the I-485 EAD. Good luck!
Answer Applies to: California
Replied: 7/1/2011
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