Can I Work on my OPT or CPT After Filing the Marriage Green Card or Do I Need to Wait for the Employment Authorization Document (EAD)?
Do I work on my OPT or wait for my Marriage Green Card EAD?
If you are an F-1 visa holder who has filed Form I-485 (Application to Adjust Status) to apply for a marriage green card, understanding when you can legally work is crucial. Many students on F-1 visas wonder if they can continue working on their OPT or CPT, or if they need to wait for an Employment Authorization Document (EAD) before working once their adjustment of status is pending.
This article will address the timeline for working after filing the I-485 and clarify how your current F-1 status, including Optional Practical Training (OPT) or Curricular Practical Training (CPT), factors into your work authorization during the transition to a marriage green card.
Working on an F-1 Visa While Filing for a Marriage Green Card
The F-1 visa is designed for international students studying in the United States. With an F-1 visa, students are generally allowed to work on-campus for a limited number of hours while school is in session, and may also participate in off-campus work opportunities, such as with their Optional Practical Training (OPT), provided they meet the relevant requirements.
Once you file Form I-485 to adjust your status to that of a lawful permanent resident (marriage green card holder), your eligibility to work will change depending on whether you are still authorized to work under your F-1 visa or if you need an Employment Authorization Document (EAD) as part of the adjustment of status process.
Continuing to Work on OPT or CPT After Filing the I-485 Marriage Green Card Case
If you are on OPT or CPT when you file the I-485, you can continue to work legally as long as your F-1 status and work authorization under OPT/CPT remain valid. Filing the I-485 for your marriage green card does not immediately alter your F-1 status, so it is possible to continue working on OPT or CPT during the time your adjustment of status is being processed. However, there are a few key things to keep in mind:
- OPT/CPT Expiration: You can only work on OPT or CPT while it is still valid. If your OPT or CPT period expires before you receive your marriage green card or your EAD, you must stop working unless you obtain the EAD. If your work authorization under OPT or CPT expires before your EAD is approved, you will not be able to legally work until you have the EAD in hand.
Employment After Filing the I-485 marriage Green Card: Do You Need an EAD?
While your F-1 visa status allows you to work under specific conditions (i.e., through OPT or CPT), the filing of the I-485 application itself does not grant you the right to work. To be authorized to work in the U.S. while your green card application is pending, you must apply for and receive an Employment Authorization Document (EAD) using the USCIS Form I-765, also known as a work permit.
When you submit your I-485 application based on marriage to your U.S. citizen spouse, you can simultaneously file Form I-765 (Application for Employment Authorization), which will allow you to legally work in the U.S. while awaiting your green card approval. This is a common step for those transitioning from F-1 status to permanent residency through a marriage green card.
- EAD Processing Time: The processing time for the EAD typically takes about 3 to 6 months, though it can vary depending on USCIS processing times. In most cases since April 2024, we have been obtaining EADs within two months! During this waiting period, you can only work if you have valid work authorization through your F-1 status, such as through OPT or CPT. If your OPT or CPT expires while your EAD is still pending, you must stop working until you receive your EAD.
- Advance Parole: In addition to applying for an EAD, you may also apply for Advance Parole (Form I-131) to allow you to travel internationally while your green card application is pending. Both applications can be filed at the same time as the I-485. Keep in mind that you cannot travel internationally after you file the adjustment of status unless you have an approved advance parole card.
Transitioning from OPT or CPT to an EAD from Marriage Green Card
For many F-1 visa holders who file for a marriage green card, the timing of the EAD approval is crucial. Once your OPT or CPT expires, you must rely on the EAD for legal work authorization. This can create a gap in your ability to work if your EAD is delayed, so it’s essential to consider the timeline carefully. You should speak to an immigration lawyer as soon as you and your fiance decide that you want to marry each other. You can schedule a consultation with our firm here.
- Plan for the Transition: If your OPT or CPT is close to expiring, it’s important to apply for the EAD as early as possible. You can file for the EAD at the same time as your I-485, allowing for the maximum amount of time to process your work authorization.
- Working Without EAD or OPT/CPT: If your OPT or CPT expires before your EAD is approved, you must stop working until your EAD is granted. Working without proper authorization can negatively impact your green card application and your immigration status, so it’s crucial to avoid working illegally during this transition period.
Conclusion: Balancing F-1 Work Authorization (OPT/CPT) and the EAD from the Marriage Green Card Case
For F-1 visa holders transitioning to a marriage green card, the ability to work is often a primary concern. You can continue working on OPT or CPT while your adjustment of status is pending, as long as your F-1 status and work authorization are still valid. However, once your OPT or CPT expires, you will need an EAD to continue working legally.
It’s essential to plan for the transition by applying for your EAD as soon as possible when filing your I-485. Given the processing times for EADs, F-1 visa holders should ensure that they don’t have a gap in work authorization while waiting for the EAD. Working without proper authorization can jeopardize your green card application and lead to significant legal consequences.
Also, it is prudent to work with an experienced immigration attorney so that all your petitions are processed properly and not denied, leaving you in a place where your OPT/CPT has expired and your EAD based on your marriage green card case is canceled due to the adjustment of status denial.
If you are unsure about your ability to work during the adjustment of status process or need assistance with your application, it’s highly recommended that you consult with an experienced immigration attorney. We can help guide you through the process and ensure that you maintain compliance with all immigration laws while applying for your marriage green card. Our firm has niche experience in F-1/OPT to Marriage Green Card via Adjustment of Status, H-1B/L-1 to Marriage Green Card via Adjustment of Status, B-2/ESTA to Marriage Green Card via Adjustment of Status, and J-1 visa to Marriage Green Card via Adjustment of Status. You can read more about our boutique law firm here.
“Sharon is an outstanding immigration attorney. I consulted her for multiple immigration-related questions, and she provided exceptional advice on every matter. She is not only highly knowledgeable but also takes the time to truly listen and understand your case. Even when we ran out of time, she ensured all my questions were thoroughly answered. Sharon’s dedication, professionalism, and attention to detail make her one of the best immigration attorneys I’ve had the pleasure of working with. I highly recommend her services to anyone in need of immigration legal assistance.
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Your journey matters to us because we've been there, and we're here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. If you are ready to schedule a consultation you can find a date that works for you and book your Zoom meeting with Sharon Khunkhun here. We have represented many clients with successful results even with the most difficult set of facts.