On J1, expires September 2013. No 2 yr rule. Married to US citizen. Do I need to apply for EA? Or is my J1 good until GC status?

[Helpme123 9]

I am on a J-1 Trainee visa for 18 months started in Jan 2012 expires Sept 2013. I am married to my wife (U.S. Citizen) as of Jan 2013. I am was wondering in my I-130 and I-485 package do I need to apply for the EA I-765 form for work authorization. Although I have a J1 work visa for a good amount of time I was wondering do I need to fill out the form anyway as in the description it states: " Other aliens who are authorized to work in the United States without restrictions should also used this form to apply for a document evidencing such authorization."

OR can i just continue on my J1 and get GC status providing it is granted before Sept

Edited February 10, 2013 by Helpme123

[Harpa Timsah 13,258]

Your J1 is still good for work until it expires, though you cannot travel abroad without abandoning your AOS process and losing the money you spent.

The EAD is free, so I don't see why you wouldn't apply for it just in case the AOS takes a year.

[KayDeeCee 4,893]

I agree with Harpa. Your current work authorization ends in Sept. What if the green card takes longer than that to receive? The EAD is free to file for with a pending I-485 and so is AP(I-131). Why not file for both? On the I-765, check that you are applying for a new EAD and use category (c )(9 ). For the I-131, put Unknown for the dates and length of travel, mark for more than trip. No need to include a statement as to why you should be allowed AP when sending with a pending I-485. The form is short and easy to do.