AOS from I visa -- do I need to file I-765?

[toonreal 2]

Hi, 

 

My fiance (US citizen) and I are marrying later this year. I am British, currently working on an nonimmigrant I visa (foreign media).

 

We want to file for adjustment of status once we're married. If I do that, I'm guessing I should be able to continue working while the application is pending because I still have the authorisation to do so through the I visa? So do we need to file I-765 with our AOS stuff?

 

Cheers for any help!

 

[Nouchigang 200]

Hello,

 

It is not a requirement to file I-765 since you are already working on another visa, but it is free while your AOS is pending and once you receive it, it gives you the option to change jobs if needed, so if I were in your shoes I would apply for it just in case, you never know what life may throw at you.

But be aware that it might take a long time (around 5-6 months, maybe more it depends) to get it because you are under a valid visa and already working, so those usually are at the bottom of the pile.

 

Good luck

[azblk 338]

5 hours ago, Nouchigang said:

Hello,

 

It is not a requirement to file I-765 since you are already working on another visa, but it is free while your AOS is pending and once you receive it, it gives you the option to change jobs if needed, so if I were in your shoes I would apply for it just in case, you never know what life may throw at you.

But be aware that it might take a long time (around 5-6 months, maybe more it depends) to get it because you are under a valid visa and already working, so those usually are at the bottom of the pile.

 

Good luck

well said.

[toonreal 2]

5 hours ago, Nouchigang said:

Hello,

 

It is not a requirement to file I-765 since you are already working on another visa, but it is free while your AOS is pending and once you receive it, it gives you the option to change jobs if needed, so if I were in your shoes I would apply for it just in case, you never know what life may throw at you.

But be aware that it might take a long time (around 5-6 months, maybe more it depends) to get it because you are under a valid visa and already working, so those usually are at the bottom of the pile.

 

Good luck

Thanks! I didn't even consider that it would mean I could change jobs before the AOS... duh. Definitely the best option, then. Thank you so much for the explanation.

[Nouchigang 200]

My pleasure , also double check that you are able to travel with your current visa while AOS is pending or else it will be considered abandoned if you travel before you receive your AP/I-131. Same processing times for AP, 5-6 months.

 I am not familiar with I-1 visas, I know H1B visas can travel while AOS is pending without AP, but don't know about I-1 so try to see, better be safe than sorry.

AP is also free while AOS is pending so you might as well just throw in the application as a precaution.

[toonreal 2]

1 minute ago, Nouchigang said:

My pleasure , also double check that you are able to travel with your current visa while AOS is pending or else it will be considered abandoned if you travel before you receive your AP/I-131. Same processing times for AP, 5-6 months.

 I am not familiar with I-1 visas, I know H1B visas can travel while AOS is pending without AP, but don't know about I-1 so try to see, better be safe than sorry.

AP is also free while AOS is pending so you might as well just throw in the application as a precaution.

I have looked into it and I don't think I would be able to travel, which I have accepted, but I will double check because I didn't know that about H1-B visas. Also, with the advance parole... I thought that was only for emergency situations? Is it worth filing for it in case such a situation does arise, or do people use them for non-emergency situations... 

[Nouchigang 200]

7 minutes ago, toonreal said:

I have looked into it and I don't think I would be able to travel, which I have accepted, but I will double check because I didn't know that about H1-B visas. Also, with the advance parole... I thought that was only for emergency situations? Is it worth filing for it in case such a situation does arise, or do people use them for non-emergency situations... 

No you can file for it just in case, you don't have to wait for an emergency. I made that same mistake and thought like you and filled mine 2 months after sending my AOS and I got approved with no pb. It is used for non-emergency as well, leisure trips anything, if you don't have any specific event or dates you leave the part blank on the form.  But you cannot be out of the country for too long and are subject to the agent that will receive you at the border when you come back to the US, it is not guaranteed they will let you in, but eh this is the case for anybody with a visa, it is 50-50.

When you apply for both EAD and AP at the same time, you get a combo card that serves as your work permit and advance parole for traveling.

Edited July 12, 2018 by Nouchigang

[Teemo 252]

1 hour ago, toonreal said:

I have looked into it and I don't think I would be able to travel, which I have accepted, but I will double check because I didn't know that about H1-B visas. Also, with the advance parole... I thought that was only for emergency situations? Is it worth filing for it in case such a situation does arise, or do people use them for non-emergency situations... 

I have no idea why the myth persists that advance parole is only for emergency situations. There is something called EMERGENCY advance parole, but that should not be conflated with the fact that advance parole allows any travel, not just for emergencies. I have traveled for leisure myself, with no problems, and it advance parole is an established procedure used 100s if not thousands of times a day.  It's free, make sure you apply for it. 

Edited July 12, 2018 by Teemo

[toonreal 2]

6 minutes ago, Teemo said:

I have no idea why the myth persists that advance parole is only for emergency situations. There is something called EMERGENCY advance parole, but that should not be conflated with the fact that advance parole allows any travel, not just for emergencies. I have traveled for leisure myself, with no problems, and it advance parole is an established procedure used 100s if not thousands of times a day.  It's free, make sure you apply for it. 

Thanks for your reply. I will apply for it. Perhaps the confusion comes from USCIS's wording that: "If you are in the United States and seek an Advance Parole Document, you may apply if: (1) You have a pending application to adjust status, Form I-485, and you seek to travel abroad temporarily for “urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a personal or family emergency or bona fide business reasons."

 

I am happy to read that you were able to travel for leisure!

[Teemo 252]

1 hour ago, toonreal said:

Thanks for your reply. I will apply for it. Perhaps the confusion comes from USCIS's wording that: "If you are in the United States and seek an Advance Parole Document, you may apply if: (1) You have a pending application to adjust status, Form I-485, and you seek to travel abroad temporarily for “urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a personal or family emergency or bona fide business reasons."

 

I am happy to read that you were able to travel for leisure!

Fair enough. In practice is entirely different than in theory. In practice it happens hundreds or thousands of times a day. I have never heard of anyone denied because of the reason for travel, and I spoke to several lawyers and not one mentioned the reason for travel would be an issue. It's most certainly available for leisure travel as well.