EAD question when AOS after J1 waiver

[Cady 0]

I am in the US on a J1 working under my academic training period (which ends in 08/09). I got married to a US citizen almost two years ago. We have just received the 2 yr hrr waiver and are now applying for AOS. Now, we stumbled across the question whether I can apply for EAD (I-765). According to the instructions non-immigrants authorized for employment under 8 CFR 274a.12(b ) are not eligible to use this form. Which form do I need to fill out to get an EAD asap (I'd like to have it before my academic training period runs out and I have to stop working)?

I hope someone here has gone through a similar process and can help!

Thanks,

Cady

Edited May 13, 2009 by Cady

[Cady 0]

I am in the US on a J1 working under my academic training period (which ends in 08/09). I got married to a US citizen almost two years ago. We have just received the 2 yr hrr waiver and are now applying for AOS. Now, we stumbled across the question whether I can apply for EAD (I-765). According to the instructions non-immigrants authorized for employment under 8 CFR 274a.12(b ) are not eligible to use this form. Which form do I need to fill out to get an EAD asap (I'd like to have it before my academic training period runs out and I have to stop working)?

I hope someone here has gone through a similar process and can help!

Thanks,

Cady

We have done a little more digging, and it appears that since I am applying for AOS, I am therefore eligible for an EAD under 8 CFR 274a.12©(9). This is the information I need to fill out on line 16 of the I-765 application (also listed under section 7, page 4 of the I-765 instructions).

Thanks,

Cady