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Question

Greetings: I am on H1b visa and my wife is on F1 visa. We recently applied for I485 AOS based on my priority date. My wife is about to graduate in Aug 2022 and she already received a job offer. We are in dilemma whether to apply for her F1 OPT or wait until I765 based on I485 gets approved to accept the job offer. Can you please help regarding our questions below? 1) Can she apply for F1 OPT while I-485 and I-765 based on I-485 are pending? 2) Since she already applied for I-765 based on I-485, does applying a fresh F1 OPT will impact her green card process and/or approval chances? I read somewhere that it provides mixed signal to the USCIS and the comment says "Applying for F1 OPT after a pending I-485/I-765 shows non- immigrant intent after she had already showed immigrant intent by filing adjustment of status". 3) If her EAD's (F1 OPT and I-485) gets approved which EAD can she use to work? Are there any other concerns we should worry about while applying for EAD on F1 while I-485 is in process? Green card processing is our top most priority and we would like to seek your opinion and make an informed decision of whether to apply F1 OPT or not, please advise.

User's Location: Fremont, Alabama, United States of America

Category: Employment-based Green Card