Is my employment with OPT unauthorized as I filed OPT application before 485 filling but get OPT card when 485 is pending?
I am a student, and graduated this year at June, and applied OPT in june, while my OPT is pending, I got married ,and my husband has h1B, and we filed 485 together because his priority data is current in Oct. After filled 485, I received my OPT approved, and got the OPT EAD, and started to use OPT EAD to work in a company.
when i go through the Chapter 6 - Unauthorized Employment - INA 245(c)(2) and INA 245(c)(8), it defines the Authorized Employment like:
For purposes of these bars, an applicant is authorized to work while a properly filed adjustment application is pending if:
1. The applicant applied for and USCIS authorized employment;
2.USCIS granted the applicant employment authorization prior to filing an adjustment application and the authorization does not expire while the adjustment application is pending; or
3. The applicant did not need to apply for work authorization, because such authorization is incident to the applicant’s nonimmigrant status.
Please see point 2, it mentions employment authorization should be granted prior filling adjustment application (485), Does that mean my current employment with OPT is unauthorized？？
2 attorney answers
I suggest discussing your case completion with a licensed attorney in person. After all, you want good results.
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Filing for adjustment of status is not a violation of one's F1 visa status, nor does it render void any EAD issued pursuant to Optional Practical Training.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.