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Green card through marriage, filling i-765 form while being h1B visa holder?
Anonymous3 views4 answers
Hi. I am h1B visa holder working for a company who sponsored me. My visa expires in 3 years. So i have time. Right now we are getting married with my US Citizen fiance and i will be applying for green card through marriage. I understand all forms and procedure but only form confuses me is I-765. Should i fill it? If yes do i need to provide different or more information since i already have work permit through h1b visa. And what should be my response to 'have u ever applied for EAD' ? I would appreciate some help. Thanks much!
If you are filing for adjustment of status, you should file the FORM I-765 with USCIS after you have read the instructions to such form. Also, the H-1B is not an EAD.
It would likely be good to hire an immigration attorney to help explain the positives and negatives of the forms you are filing and what consequence could occur if you actually use the EAD based on the I485. Otherwise, follow the instructions listed for the forms, and wait and see whether you receive a rejected filing, or an RFE, or have some other time-delay for your adjustment of status application. Additionally, you are not required to file the I765 or the I131, but generally, immigration attorneys would advise to file for them, so long as you understand when and how to use them, and what consequence that might have on your current status. Good luck.
H1b is not EAD. And it's generally a good idea to file I-765. I also recommend you hire an attorney as frequently self-filing individuals make time consuming and costly mistakes.
