H-1B Green Card change of status

[celikkanat 0]

Hi all,

I have been working over 2 years as H-1B visa holder. I got married 4 months and and my wife is an American citizen. I am applying for family based greencard now. I also want to apply for temporary work permit (EAD thru I-765), because sometimes GC process takes sometime and I really want to change my company.. I am wondering if any of you guys have had the similar experiences. Can I apply for temporary work permit?

The 2nd page on I-765 :

If you are a Lawful Permanent Resident, a ConditionalResident, or a nonimmigrant authorized to be employed with a specific employer under 8 CFR 274a.12( b ), please do not use this form.

I would really appreciate if you share your experiences with me.

Thanks,

Kaan

[Dr_LHA 3]

Yes, you can apply for EAD based on your AOS application, and the moment you use it your H-1B will become invalid.

That line you quoted is not relevant, because you're applying for EAD based on an AOS application, not based on your H-1B visa.

BTW - the answer to the question about whether you have applied for employment authorisation before is "no".

FYI - I adjusted my status from H-1B.

[celikkanat 0]

Dr_LHA,

Thanks a lot for your response. Why do you think I should say "no" to the question about whether I have applied for employment authorisation before?

Also, I have a A# which was used for H-1B application before, I was planning to put that number down, but if I say "NO" to previous employment authorization, then should I leave it blank?

By they way, did you send your medical exam paperwork with the initial package or later? which one is better?

Thanks,

K.

[Dr_LHA 3]

Dr_LHA,

Thanks a lot for your response. Why do you think I should say "no" to the question about whether I have applied for employment authorisation before?

Because that is the correct answer unless you have filled in a I-765 form before, I assume you haven't? H-1B is not considered to be "employment authorisation" in this context. Also this is exactly what I put and I got an EAD no problem!

Also, I have a A# which was used for H-1B application before, I was planning to put that number down, but if I say "NO" to previous employment authorization, then should I leave it blank?

You have an A# from your H-1B. Are you absolutely sure about that? Where does this "A" number appear? Where did that A# come from, where you originally here on another visa?

By they way, did you send your medical exam paperwork with the initial package or later? which one is better?

It must be included in the packet with everything else (I-130, I-485 etc) and sent to the Chicago Lockbox.

Edited May 15, 2007 by Dr_LHA

[celikkanat 0]

Dr_LHA,

Now things are becoming more clear in my mind. Before getting my H-1B visa, I got my OPT (Optional Practical Training) which gives you one year work permit after graduating from a college with F-1 visa.

I applied for OPT, I got a EAD card, and worked with this authorization for a year. Before it expired, my company applied for H-1B for me. I remember giving them copy of this card and other offical documents. The lawyer of the company had a copy of my card and used the same A# on the I-129 Petition for a Nonimmigrant Worker. Then, the I-797A, Notice of Action had the same A# under "Beneficiary."

Does this make sense to you?

I really trust your judgement, you seem very knowledgeable about the process. Thanks again for your help.

K.

[Dr_LHA 3]

Yeah, OK. I would guess you should answer yes to that question then!

My stupid fault for assuming that you entered the USA on an H-1B, instead of getting one while you were here. I'm sure Yodrak has a smart comment about this.

Edited May 15, 2007 by Dr_LHA

[celikkanat 0]

Hi again DR_LHA,

I think from our conversation I learned that the H-1B visa is not a work authorization. So when I answer the question about applying for employment authorization,I will mark yes and I should put the dates and copies of the OPT documents and not the H-1B information???

Thank you very much!!!!

K

[celikkanat 0]

Yeah, OK. I would guess you should answer yes to that question then!

My stupid fault for assuming that you entered the USA on an H-1B, instead of getting one while you were here. I'm sure Yodrak has a smart comment about this.

No, it is definetely my fault, I should have mentioned it earlier.

[Dr_LHA 3]

Hi again DR_LHA,

I think from our conversation I learned that the H-1B visa is not a work authorization. So when I answer the question about applying for employment authorization,I will mark yes and I should put the dates and copies of the OPT documents and not the H-1B information???

Correct. You had an EAD before, so you need to mention that on the EAD form. The H-1B is not an EAD, as it is linked to a certain job. EAD allows you to work for anyone!

[celikkanat 0]

Thank you, I know what to do now.

K.