H1-B marrying USC, I-765 questions

Immigration 1 views 2 answers
I am on H1-B visa (valid thru Mar 2013) and married to USC. We are filling all the forms concurrently i.e. I-130, I-864, I-485, I-765, I-131, I-693 and G325A. Questions:- 1. I-765 has 1st question, "I am applying for A. Permission to accept employment B. Replacement C. Renewal of my permission to accept employment Which option should i select? 2. I-765 Q.11 : - Have you ever before applied for employment authorization from USCIS? Should i select YES or NO? 3. I-765 - For Q.12, Q.13, Q.14, Q.15, I have filled my date of entry in USA on H1B status, is it correct? Does these answers needed to be filled if Q.11 is selected as NO? 4. I-765 - Which eligibility category do a H1B belong to? Some forum suggests C9 but no one replies concrete, so can you suggest on it?

Attorney Answers

2
Beverly Ann ByrdImmigration AttorneySan Jose, CA ·
A work permit, filed on Form I-765, and an H-1B are two separate things. Form I-765 requests information regarding prior Form I-765's that have been filed. An answer would be yes or no, depending on whether you have ever filed Form I-765 in the past. As well, someone who files Form I-765 asking for employment authorization from the federal government, must base this request upon some other ground, such as the filing of an adjustment of status, or green card. The category for the green card ground is (c)(9). Date of entry on most forms is asking for the last date of entry into the United States, regardless of the immigration category. Note: Any answer is provided for informational purposes only. One should not act or refrain to act solely based on the information provided above. No attorney/client relationship is created unless an Attorney/Client Agreement is signed by the attorney and the client.
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Neil Fleischer ·
1. A 2. unknown with the facts you give , but H-1b is not considered work authorization for this purpose 4. C9 Note: The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Email: [email protected] Check out our blog for a humorous but informative look at immigration law http://immigrate2usa.blogspot com
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