I have been working in F-1 status on OPT. I got married two weeks ago and my husband is in H1B status. His employer has sponsored him for a green card …

… and my husband is now ready to file his application for adjustment of status (I-485 form). If I file my I-485 as his derivative beneficiary, will it terminate my OPT authorization?

Answer

Generally, an F-1 student does not lose eligibility for F-1 benefits just because s/he has a pending I-485. While your I-485 is pending, you are still eligible for OPT employment and can continue using your EAD based on your OPT authorization until you receive a new EAD based on your pending I-485. However, F-1 benefits requiring a decision by USCIS (such as an extension of OPT) or by DOS (such as a new F-1 visa), will likely to be denied after the filing of your I-485 application, as those benefits require that you show intent to return to your home country at the end of your F-1 program. (08.Jul.2016)

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