QUESTION
What should I fill as current status in I-765 form, I am on H1-B , H4 is not yet approved?
Asked on Feb 17th, 2025 on Immigration - New Jersey
More details to this question:
Currently I am on H1-B , where my employer has asked me to leave , I have 4 months of time. I have submitted H4 , I539 online , there was no option for I765 in online, so I have to apply through traditional way. I765 section 25 asks, Your Current Immigration Status or Category (for example, B-2 visitor, F-1 student, parolee, deferred action, or no status or category). What should I fill in the status , as currently my H1-B is active , but H4 is pending(I have received the receipt for H4, spouse is with H1-B and I140 is already approved). Should I fill in H4 receipt number as current status or should I fill in my H1-B file number. Please suggest.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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You are not on H-4 as that application has not been approved. So for purposes of filling in current status on the I-765 form where it requests current immigration status, you should fill in H-1B as that visa status is the one that you are holding at this time. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Mar 16th, 2025 at 2:48 PM