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