Am I allowed to work legally after my F1 OPT expires while I am waiting for my permanent EAD to arrive?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I allowed to work legally after my F1 OPT expires while I am waiting for my permanent EAD to arrive?

I have applied for adjustment of status (I485) and concurrently applied to I-765. I got my fingerprinting done on the 6th. I am currently employed on F1 OPT and it is expiring on the 14th. I am waiting for my permanent work authorization and I have heard that it usually takes 3-5 weeks after submitting biometrics. I’m worried that there would be a gap of few days after my current OPT expires and till I get the new one.

Asked on January 7, 2016 under Immigration Law, Washington

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It really depends on what basis your I-485 is based.  If it is through marriage to a US citizen, then yes you can.  If it based on an employment-based visa, then you really need to wait for the EAD to arrive before starting or resuming work.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption