Can I file for I-765 under I-140 EB2 NIW?

[Sixt 0]

Please house, can I file for I-765 under I-140 EB2 NIW? I did not include form I-485 in my application. Do I need to wait till my I-140 is approved before I can file for I-765, or can I go ahead and file for I-485 concurrently just so I could file for my I-765?

 

P.S

I initially submitted form I-765 alongside my NIW application (though I did not put any Eligibility Category because I was not sure). USCIS rejected the form i-765 and said I should put the correct Eligibility Category and fees (I am also not sure of the right fee if any). I was also directed to form G-1055 for fee information, but I couldn't exactly pinpoint the right infor.

 

Please assist,

Sixt

[Boiler 46,107]

EAD is something you apply for and pay for in addition to your application to adjust.

[Demise 1,337]

Long story short: Generally no.

 

Generally in order to be eligible for an EAD after filing an I-140, you also need to file I-485 (and the EAD would be based upon a pending I-485 (category (c)(9)), however you are not eligible to file I-485 until EB-2 either "Final action dates" or "dates for filing" chart passes your I-140 priority date (which for an EB-2 NIV would be the date the I-140 was filed, USCIS determines which chart to use and they do vary from month to month).

 

Now, there is the (c)(35) category for E-3/H-1B/H-1B1/L-1/O-1 facing compelling circumstances but I don't believe many of those are granted: https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employment-authorization-in-compelling-circumstances, also there's the main issue that by using such an EAD you do fall out of status and essentially end up in something akin to deferred action: You can work, are not accruing unlawful presence, but in order to get your green card you'd need to leave US and undergo consular processing.

 

 

So my main question is: Why exactly do you feel that you need an EAD right now? Are you concerned about something like hitting the 6 year cap on H-1B or something?

[appleblossom 3,128]

11 hours ago, Sixt said:

Please house, can I file for I-765 under I-140 EB2 NIW? I did not include form I-485 in my application. Do I need to wait till my I-140 is approved before I can file for I-765, or can I go ahead and file for I-485 concurrently just so I could file for my I-765?

 

P.S

I initially submitted form I-765 alongside my NIW application (though I did not put any Eligibility Category because I was not sure). USCIS rejected the form i-765 and said I should put the correct Eligibility Category and fees (I am also not sure of the right fee if any). I was also directed to form G-1055 for fee information, but I couldn't exactly pinpoint the right infor.

 

Please assist,

Sixt

 

As said above, no. But where are you now and what is your visa status if you’re in the US?

 

And when was the I-140 filed, and which country were you born in?