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  • OPT/Employment Authorization

    If I currently have employment authorization until 12/2007 from OPT and have an application for I-485 (AoS) based on a Family Petition (I-130), do I need to then apply for I-765 just in case I need employment authorization beyond 12/2007 and if so when do I need to apply for it (90 days before my OPT EAD card expires) or with the I-485?

  • #2
    If I currently have employment authorization until 12/2007 from OPT and have an application for I-485 (AoS) based on a Family Petition (I-130), do I need to then apply for I-765 just in case I need employment authorization beyond 12/2007 and if so when do I need to apply for it (90 days before my OPT EAD card expires) or with the I-485?

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    • #3
      90 days before the expiration of your OPT EAD, or whatever time frame it'll take for your the corresponding USCIS Service Center to issue you a new OPT.
      Do note you can't file the I-485 unless the I-130 has been approved unless you're a spouse of USC.

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