I-765 for Person Already Working in US

[Goce & Amanda 0]

Hello,

My husband is on an R-1 Non-Immigrant Visa and we are about to send out I-465, I-130, I-864 and the other required forms that go along with these. I have just found out about the I-765 and am wondering if someone could give me advice as to whether this also needs to be filed with our other forms? He has lived in the US since 2002 and has worked since 2007, but since he is on the R-1 he is sponsored at this time by his employer until his visa is up in August 2014. I was reading through the categories that the I-765 gives for those filing that form, and R-1 is not one of them; however, I am seeing a lot of people talking about this form being done in conjunction with I-465. From what I have read, it looks like the green card will cancel out the need for the I-765 especially since he is already permanently employed, but I may be missing something. Any advice out there?

Thanks!

Amanda

[Harpa Timsah 13,258]

The I-765 is free when filed based on a pending I-485. You have to remember that he doesn't qualify on his current visa status, but on his adjustment of status. So no, there will be no R1 category there for him, his category is C9.

he can continue to work on his visa until August, but you never know how long the AOS will take, so I would file a I-765 just in case. You don't have to use it if his visa is still good.