QUESTION
May I apply for work permit (EAD) using form I-765 before arriving at US?
Asked on Dec 27th, 2018 on Immigration - Tennessee
More details to this question:
I already have my J-2 visa on hands (Spouse of exchange visitor). I will arrive in US in 30 days, but I was willing to already issue my I-765 to let the process running. But the items 21 - 24 from this form ask for I-94 information, which will change when I arrive at US. This means I should only apply I-765 after arriving?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
I have never seen a person apply for an I-765 before arriving in the United States in a J visa situation or most any situation. The form and instructions are tailored for those already in the country. Also you do not hold a status with USCIS until you make an entry. You are probably better off waiting until you arrive before making the application. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 20th, 2019 at 7:42 PM