Need help with the I-765

[flyingkc 0]

Hi Everyone,

First off, let me say thanks. This forum has been a great source of information for us through the process gathering our paperwork. We got married last week and are almost ready to send out our I-130 and I-485 packets. The last item holding us back is the I-765 document.

A few facts about our situation before the questions:

my wife originally arrived in the US on an F1-B visa and has an two expired EAD cards from her pre/post-completion OPT.

She currently holds a H1-B with ~1 year until it expires.

She does not have any plans to change employers but wants the EAD just in case.

And now the questions:

1) When applying for the I-765 do we check "Permission to accept employment." or "Renewal of my permission to accept employment"

2) What can we use for "proof of continued employment"? We have included her last 2 pay stubs, but are not sure if this is sufficient.

Thanks again.

[Harpa Timsah 13,258]

1. You check "permission to accept employment" because you are applying under a new category. There is a separate spot there to disclose your other EADs.

2. 6 months of paystubs OR a letter from your employer are proof of current employment. You need to prove the USCs employment, NOT the immigrant's, unless you want to use the immigrant's job to qualify for the I-864. I-765 needs no proof of employment.

Good luck.

[happybee 0]

Hi Everyone,

First off, let me say thanks. This forum has been a great source of information for us through the process gathering our paperwork. We got married last week and are almost ready to send out our I-130 and I-485 packets. The last item holding us back is the I-765 document.

A few facts about our situation before the questions:

my wife originally arrived in the US on an F1-B visa and has an two expired EAD cards from her pre/post-completion OPT.

She currently holds a H1-B with ~1 year until it expires.

She does not have any plans to change employers but wants the EAD just in case.

And now the questions:

1) When applying for the I-765 do we check "Permission to accept employment." or "Renewal of my permission to accept employment"

2) What can we use for "proof of continued employment"? We have included her last 2 pay stubs, but are not sure if this is sufficient.

Thanks again.

Though AOS is pending, she may not need the EAD as she is still good to work since she is currently on H1B and in-status. She can apply for EAD if her H1B expired and AOS has not been approved yet. Petitioner's paystubs for the last six months, tax returns, employment certificate can be of help, but you do not file these with the EAD application. You send these copies with your I-864 packet.

Edited March 8, 2011 by happybee