Question re: I-765

[Ellesse 11]

Hi everyone

My husband (I love typing that) and I got married on 22nd October, and we're currently completing the forms for AOS. I had one question about I-765, although there may well be others!

Question 11 asks: have you ever applied for employment authorisation from USCIS? I took part in a 'Work America' program years ago, so have a social security number and am therefore going to answer 'yes' to this question. However, the form then asks for documentation to be attached to prove this, which is where I have a bit of a problem. I don't currently have the passport that is valid for that time (as it's currently in my shipping, and I have no idea how long it's going to take - could arrive this week, but could take a few more weeks too), but I do have my payslips that relate to that employment, and letters from social security re: the amount of tax I paid. My question is: will this be sufficient evidence for USCIS, without the passport? My husband says we should just wait for shipping to get here, but I'd really like to get things moving as I hate not being able to work and pay my way.

Any thoughts?

Thanks,

L

[Lainie B 465]

Hi Ellesse - did you actually fill in an I-765 for the program when you were in the US last time?

[Ellesse 11]

Not that I remember, no. This was back in 1997, so I don't quite remember what paperwork was completed, and BUNAC (the organisation I did the program with) did a lot of the processing for me. I did work, though, and did have to get permission to do that, and assume I would have had to go through USCIS to do that, especially as I was given a social security number.

[Lainie B 465]

What kind of visa did you have? I have had non-immigrant work visas in the past (and a SSN) and I still put "no". I understood the question to mean whether I have ever applied for an employment authorisation document (EAD card) using the I-765 form. The form doesn't apply to non-immigrant work visas.

[Ellesse 11]

Hi there

Thanks for your reply. I had a J-1 visa. As far as the question 11 is concerned, it doesn't ask about documentation or a card, but authorisation, so I was a bit confused, hence the question. What you say makes sense, although I was concerned about saying I haven't had work authorisation in the past, as I have - admittedly, it was in the form of a work visa, but still..never sure with government departments...

L

[Lainie B 465]

I think that for a J1 you don't apply for EA through a USCIS office, so your answer would be no.

[VanessaTony 3,567]

Agree with Lainie. If you're here on a work visa that's not the same as an EAD.

[Ellesse 11]

Thanks Lainie and Vanessa - that's been a real help.

L