QUESTION
Can I apply for work permit alongside I485 despite my expired h1b status?
Asked on May 08th, 2014 on Immigration - California
More details to this question:
My H1b expired 3 months ago although I have a pending case with USCIS for status change to J1. In the meantime, I got married to a US citizen and decided to apply for adjustment of status. My husband just filed I130 for me (and I will be filing I845 once I have my medical exams done). Thank you for any advice.
4 ANSWERS
Yes, you should apply for the employment authorization document when you submit your I-485.
Answered on May 14th, 2014 at 11:12 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You should have applied for both the I-130 and I-485 at the same time. Otherwise, it could take a year to get something. If filed together, it is only a 3 month process. You may want to consult with an attorney and just refile to save time. You will not be eligible for a work permit until the I-485 is filed anyways.
Answered on May 12th, 2014 at 11:05 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. You may apply for a work permit concurrently with the filing of your I-485 application. There is no separate fee for the I-765 application, and as long as your I-485 is still pending, you may continue to renew it for free when it expires.
Answered on May 12th, 2014 at 11:05 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Assuming that you actually qualify to adjust status, you can apply for a work-permit concurrently with the adjustment application.
Answered on May 12th, 2014 at 11:05 PM