F1 OPT question to Lana

[sbkal]

What is the name of your state? PA

If my husband's EAD gets approved while I am on F1 OPT , would I too be granted EAD or there is a chance for rejection based on the fact that F1 status implies non immigration intent?

Thanks
sbkal

 

[ImmigAttyLana]

I am unclear on the question. On what basis if your husband filing for the EAD? (I-485?) And on what basis are you filing for the EAD? (OPT?) Are you not being included in his I-485, if that is in fact what he is filing? Can you please clarify your situation?

 

[sbkal]

my husband is on h1-B and has applied for green card processing. We still have a long way to go, but he would be filing for EAD based on I-485 and would be including my name in it. Right now I am an F1 OPT student valid till june 2005.

 

[ImmigAttyLana]

So if you are included in the I-485 packet, then you are also eligible for the EAD on that basis. Since you already have a valid EAD, you do not need two at this time. However, before this one you have expires, you will be able to apply for an extension EAD on the basis of the pending I-485 on your behalf. You should also know that you should not be traveling on the F-1 visa if you are married and have i-485 pending. If you need to travel internationally, you must first obtain an advance parole travel document.

Please let me know if you have any additional questions or need further assistance.