I-765 and H-1B

[marimbamuse 0]

I'm currently holding H-1B which will expire on sep 30,07. We got married on MAy 15th and just started to fill out all the forms.

I have some questions regarding I-765

1) the question before Q1- which one to check? Renewal? So does it mean I attach my H-1B documents

2)Q11- do I answer yes based on my H-1B? Or the EAD I had when studying? (I had no copy of this.)

3)Q15- do I still put H-1B since I-765 is going out with all other documents?

4)do I put in ©(9)

thanks!!!!

[YuAndDan 153]

You will be adjusting status based on the marriage.

SEE this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

You file the I-765 either with the I-130/I-485 package or after filing the package.

You file as category (c ) (9 ) for EAD attached to AOS (I-485 pending).

1) Permission You are applying for new permission to work based on the pending I-485

2) Yes based on your prior EAD (H1B)

3) Yes H1B (You are adjusting status) but H1B is your current status.

4) Yes you put (c )(9 ) based on pending I-485

[Dr_LHA 3]

1) the question before Q1- which one to check? Renewal? So does it mean I attach my H-1B documents

Check "Permission to accept employment." You are not renewing an EAD.

2)Q11- do I answer yes based on my H-1B? Or the EAD I had when studying? (I had no copy of this.)

You answer "Yes", but not based on your H-1B which is not an EAD. I assume you had a previous EAD based on an F-1 OPT? Tick yes based on that previous EAD.

3)Q15- do I still put H-1B since I-765 is going out with all other documents?

Yes, your H-1B status will remain valid until either it expires or you use your EAD.

4)do I put in ©(9)

Yes.

Edited June 19, 2007 by Dr_LHA