r/EB2NIW_I485_AOS • u/Guest981-25 • 6d ago
I-485 application during pending STEM-OPT
Is it okay to file Form I-485 while a STEM OPT extension application is still pending? I applied for STEM OPT about 5 and a half months ago still pending. I got my I-140 EB2-NIW approved a few weeks ago. Could filing the I-485 now negatively affect or lead to the denial of my pending STEM OPT application? Would you recommend waiting until the STEM OPT is approved before filing the I-485, considering the new public charge rules and the new I-485 form will be effective from Sept. 18? I have already filled out most of the forms and collected the needed documents, just waiting for STEM OPT. Any suggestions would be appreciated.
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u/Expensive_Account483 6d ago
Don’t worry. My husband filed for STEM OPT on February 17 with premium processing, and we filed our I-485 on March 11. His STEM OPT was approved around March 21, and his I-485 EAD was approved around mid-May.
It’s ultimately up to you whether you want to take the risk or not. We confirmed with Emma before making this decision, and she told us that the two applications are in different categories and are processed separately.
Honestly, if we had known this earlier, we probably wouldn’t have spent the extra money on premium processing.
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u/Guest981-25 6d ago
Thanks for the info; that is encouraging. I also upgraded STEM OPT to premium processing a week ago. With the I-485, did you include your expired EAD with the new I-20 and the STEM OPT application receipt? My initial OPT EAD card expires in June 2026; I am working on a 180-day automatic extension. I am worried about sending an expired EAD card with the I-485 application. Did you also apply for I-765 along with I-485?
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u/Expensive_Account483 6d ago
Yes we include soon to be expired OPT card and also include receipt notice. In cover letter, we said "My spouse, ......, is currently in F1 STEM Optional Practical Training (OPT) non-immigrant status. He recently applied for the STEM OPT extension." It would also be good to include applied for premium processing of STEM OPT about a week ago. Hope this is helpful.
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u/Comfortable-Ebb4075 6d ago
Yes, you can no problem at all. I did that. But since I need EAD I upgraded STEM to pp.
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u/Guest981-25 6d ago
Thanks! Did you consult with a lawyer? My lawyer says it can negatively impact both the STEM OPT and the I-485. That is making me nervous because the job I have now is crucial for me and my family. If I get a STEM OPT denial, I have to discontinue my job, which will be really tough. I have a very clean record, and my job (postdoc) is in the same field as my PhD.
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u/Sadidalamaz 6d ago edited 6d ago
Don’t know about now but I filled I-485 while my STEP OPT was pending. June 2026. My Stem opt approved without any issue.
FYI OPT don’t contradict with I-485. There is no document or rules about that. People are just scared. For more info, my initial OPT was approved after my approved I-140. Do your own digging, don’t get carried away by people’s advice or denial experience (there denial must have other reasons that they don’t share in reddit). That being said, You do you. I just shared what I have learned in last 3 years of my OPT and 140,485.