QUESTION

Do I have to file I-765 as well or will I likely get a working permit by the 01/25/2018?

Asked on Aug 28th, 2017 on Immigration - Georgia
More details to this question:
I'm originally from Switzerland. I came about 5 years ago with a L1 non-immigrant Worker Visa to the US. About 3 years ago, I met my current wife and mother of my son. We just got married officially on the 07/22/2017. I'm currently in the process of filing the I-130 and I-485 together and planning on sending it out. My L1B expiration date is 01/25/2018.
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2 ANSWERS

Immigration Law Attorney serving Chicago, IL
3 Awards
The form I-765 should have been filed with the adjustment application, because there is no additional fee. You should file it, because it is possible that your L1 visa will expire before there is an interview and a final decision. The above is general information, not legal advice, and does not create an attorney client relationship.
Answered on Nov 04th, 2017 at 8:33 AM

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Immigration Law Attorney serving Atlanta, GA
3 Awards
The USCIS is inconsistent in application processing times. A newly filed marriage-based Form I-485 adjustment of status application in the Immediate Relative visa category may be expected to be adjudicated in approximately 7 - 12 months; if a Form I-765 application for employment authorization is filed with the adjustment of status case an applicant may expect to receive an Employment Authorization Document ("EAD" or "work permit") within approximately 90 - 100 days. There is no additional filing fee for the I-765 with an I-485. Note that the application process can be significantly more complex than it may appear just from reading the forms, their instructions and the corresponding regulations. Failure to properly complete the forms or failure to supply a full set of supporting documents can result in significant delays or even more harsh consequences. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the application process.
Answered on Nov 02nd, 2017 at 2:07 AM

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