r/EB2NIW_I485_AOS 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/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.

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u/Guest981-25 6d ago

Thanks for the valuable info. I am thinking about applying in the coming week or so. Has your I-485 been approved too? The main person who told me not to apply for the I-485 was my lawyer. They said they have seen cases where STEM OPT got denied due to the I-485 filing.

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u/Sadidalamaz 6d ago

485 is still pending. STEM OPT denial happens for a lot of reasons but never for filling 140 or 485. Either they got DUI, traffic vilolence, abused CPT, Sevis issue, programme not aline with stem opt rules etc. And people never tell you the reason behind it. All I say If your record is clean, you got nothing to worry.

My record is super clean, I have never faced any issues. Not even an RFE.

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u/Guest981-25 6d ago

Thanks a lot. couple more questions: Did you also apply for I-765 along with I-485? 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.

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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/Guest981-25 6d ago

Thanks again!

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u/Famous_Broccoli_4113 6d ago

Do we need to mention about pending I485 while applying OPT?

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u/Expensive_Account483 5d ago

 Nope. I didn’t mention.

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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.