Can I apply for work permit alongside I485 despite my expired h1b status? 4 Answers as of May 14, 2014

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.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, you should apply for the employment authorization document when you submit your I-485.
Answer Applies to: California
Replied: 5/14/2014
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
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.
Answer Applies to: Texas
Replied: 5/12/2014
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
Assuming that you actually qualify to adjust status, you can apply for a work-permit concurrently with the adjustment application.
Answer Applies to: California
Replied: 5/12/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
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.
Answer Applies to: California
Replied: 5/12/2014
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