I came to US with F1-student visa, and currently, holding OPT and working for a company. I applied for OPT extension in June, and should receive my EAD card by end of August. My husband had his oath ceremony for US citizenship yesterday. I am willing to keep my legal status all the time, and being able to work. I wonder if I need to wait to receive my EAD card through OPT extension prior to applying for my green card? Are OPT extension and green card application completely separate in USCIS that cannot affect each other? Please advice.
Should not affect one another but why not wait until you receive your EAD card and then file the one step. Good luck.
Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.
A student visa is a non-immigrant visa, and the OPT extension is part of your student experience. It is unlikely, but possible, that filing the I-130 and other adjustment of status forms and paperwork, could cause a halt to the processing of your EAD. It is always a good idea to maintain lawful status that you have while you are waiting for an Adjustment of Status, so if you only have a short time to wait for the EAD, you may wish to get that in hand, and take the next month to prepare all the materials needed for a one-step adjustment. That includes meeting with an attorney to ensure everything is submitted correctly. I am seeing lots of questions here on Avvo by people who filed on their own, and then get requests for evidence for material that they neglected to include in their submissions to USCIS. This causes big delays, and sometimes can result in an application being denied. Having an attorney at least review the material before you submit it, and ensure it is complete, is often a good idea. Wishing you good luck.
Answers to questions on Avvo are for general purposes only. This response should not be considered legal advice for your situation, and does not establish an attorney-client relationship. To get legal advice, contact an attorney for a private consultation and complete review of your case.
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