QUESTION
Do I need to apply for employment authorization again?
Asked on Sep 12th, 2013 on Immigration - California
More details to this question:
My deferred action was approved last year, and I got married to a US citizen this year, I am trying to get a green card since I came with a tourist visa to this country. Do I need to apply for employment authorization again? I already have one from deferred action though. What should I choose when applying for it: permission, replacement or renewal? Do I need to file the I-765 worksheet too?
7 ANSWERS
You should just get a new employment authorization which is going to be based on your adjustment of status application since it is already included in the filing fee for the I-485.
Answered on Sep 19th, 2013 at 3:35 AM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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If you already have an employment authorization card thru DACA, you do not need to apply for a new card as long as your current card is still valid. Nevertheless, you can apply for a new card if needed on the basis that you are now applying for adjustment of status. There is no separate fee for a new employment authorization card if you are applying for adjustment. You should answer "permission" on the application and the worksheet is not required.
Answered on Sep 13th, 2013 at 9:20 AM
Adebola O. Asekun
Since the $1070.00 green card application already includes the I-765 work permit, you should apply for it as well.
Answered on Sep 13th, 2013 at 8:57 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
The $1070 includes the fees for a work card but you can't have more than one at once so you would need to return your Deferred Action work card if you want a new one. If you have a year or so left I would not include the EAD paperwork.
Answered on Sep 12th, 2013 at 6:12 PM
Immigration Attorney serving Van Nuys, CA
at
Law Offices of Hussain & Gutierrez
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Yes, you should apply for EAD as part of the adjustment status package. There is no additional charge for that.
Answered on Sep 12th, 2013 at 5:23 PM
Immigration Attorney serving Los Angeles, CA
at
Law Offices of Mary Lyn T. Sanga A Professional Corporation
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You should apply for a new work authorization, this time it is based on a pending adjustment (c(9)). That application is included in the $1,070 fee anyway. The application is for a new one, not renewal of your previous or replacement of a lost or damaged card. You don't need to do WS.
Answered on Sep 12th, 2013 at 4:23 PM
Rebecca T White
You may want to file for a new employment authorization card with the marriage based adjustment filing. There will not be another fee associated with doing so. You can work to time doing so with the expiration date of the current card.
Answered on Sep 12th, 2013 at 4:23 PM