I-765 Question

[Alexa 0]

Hello, All!

I have a quick question. Do we need to file for I-765 in time of applying for Green Card if my fiance received an Employment Authorization Stamp when he entered United States? What does the I-765 do?

Thank you.

[Kez/JWolf 6]

The EAD stamp is only valid for 90 days from the day he arrives.... so if he wishes to work after that time he will need to file form I-765 along with AOS.... without this he will not be able to work until he is approved for a greencard....

Kezzie

[Alexa 0]

The EAD stamp is only valid for 90 days from the day he arrives.... so if he wishes to work after that time he will need to file form I-765 along with AOS.... without this he will not be able to work until he is approved for a greencard....

Kezzie

So, if he files for the I-765, when can he start to work? Right after he files for it? Or how long does he has to wait? What is the point of applying for I-765 if he needs to wait for another approval for a long time?

Who can help?

Thank you!!!!!!!!!!!

[Kez/JWolf 6]

When you file for AOS and EAD after you are married it will take about 70 - 90 days to get apporval for the EAD.... so yes he will have to wait to start work until he has got the EAD....

If you dont file for EAD then he can not work until he has been approved for AOS and has his greencard...... this could take anything from 4 months to 2 years....

Kezzie

[Alexa 0]

Thank you!

[Miranda&James 8]

The EAD stamp is only valid for 90 days from the day he arrives.... so if he wishes to work after that time he will need to file form I-765 along with AOS.... without this he will not be able to work until he is approved for a greencard....

Kezzie

So, if he files for the I-765, when can he start to work? Right after he files for it? Or how long does he has to wait? What is the point of applying for I-765 if he needs to wait for another approval for a long time?

Who can help?

Thank you!!!!!!!!!!!

He is valid to work with the stamp he got for 90 days from the day he entered the US. Once that time has passed he CANNOT WORK until the I765 is approved. Typically the I765 takes 90 days to be approved, so say if he entered the US, got married that day and filed the paperwork, there is a chance he will be able to get his I765 approved before his stamp expires. Just remember that he cannot work if the stamp expires before the I765 is approved. If he wants to work in the US then yes, you must file it, since like I've said the stamp is only good 90 days.

Usually the stamp is pretty useless because it takes time to get a SSN and most places want you to have that to work, so you may only be able to work for a few weeks before the stamp expires and most places will not want to hire knowing you have to quit soon. If I were you I would file for your AOS with the I765 as soon as possible (if you haven't already) so that he can start working soon and not even worry about working with that stamp. For some people the stamp works out, they get their EAD before it expires, but I would think that this isn't the case for most so I wouldn't be counting on it. Just be sure that he doesn't work illegally!!