Is it possible to request an EAD OPT based after having EAD marriage based? Can a person have 2 EAD in 2 categories?

UPDATED: Oct 1, 2022

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Is it possible to request an EAD OPT based after having EAD marriage based? Can a person have 2 EAD in 2 categories?

I am still a F1 student with a pending status. I think EAD marriage based has more advantages than EAD OPT based but I still need the EAD OPT based because it helps me to maintain my F1 status as a back-up plan if my AOS adjustment of status was denied for any reasons. Being denied by USICS and having no status would force me to leave the U.S. In this case, a lawyer on the internet recommended F1 student should request the EAD based on OPT before getting married with a U.S. citizen and then request the one based on marriage. However, I filed the form I-765 for EAD marriage based first and have been waiting to receive it. Now, I wonder if filing the form I-765 again to request another one for OPT is eligible. I do not know if requesting EAD OPT based with non-immigrant purpose make a conflict with my green card process which is immigrant purpose. Would it affect my AOS if I requested EAD OPT based now? Did I just lose my OPT option?

Asked on September 13, 2018 under Immigration Law, Florida


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can only have one EAD and once you have submitted it as part of the marriage based, you will no be eligible for another one.  Furthermore, if the marriage is bona fide, there is really no reason why you should fear that the AOS will not be approved if you can show that the marriage is valid and you have supporting documentation to show it.

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