Should I still file a I-765? 9 Answers as of October 08, 2013

I am married to a US citizen and have submitted a I-130 and I-485 for myself and two children under the age of 14. We have been called for bio-metrics and I just realized I must submit I-765 if I want to work. I thought that I would automatically get work authorization when my I-130 and I-485 are approved. In this case, must I still submit the I-765 and is it ok to submit it separately and at this stage of my I-485?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You will get work authorization as part of your green card approval when your green card is approved (usually at the interview) about 4-6 months after you submit the petitions. However, if you want to be able to work in the interim, while the I-130/I-485 are waiting to be adjudicated, you have to submit the I-765. However, it also takes 90 days to get the employment authorization through I-765 so, depending on when you submitted the I-485, it may be that you are called in for your I-485 interview before the I-765 is adjudicated anyway, since you did not submit it at the same time as the I-485.
Answer Applies to: California
Replied: 10/8/2013
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Yes. You can still submit your I-765 application separately at this stage of the process. The application should go to the same USCIS address in Chicago that you sent your I-485 application to. There is no fee for the application if you have applied for adjustment of status. Just remember to include a copy of your I-485 fee receipt with your application.
Answer Applies to: Texas
Replied: 10/7/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
I cannot guarantee you that, but, usually, I-130/I-485 applicant gets an interview within 4-6 weeks after biometrics appointment. If all goes well, you and your children will have green cards soon after that and not need employment cards. If you file I-765 applications now, your will have to pay for them ($380 each); and they will not be ready for, at least, 3 months (usually, 4-6 months). So, while you can file I-765 applications now, it hardly makes sense. l
Answer Applies to: New York
Replied: 10/7/2013
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes you can submit the I-765 to work and the I-131 to travel (if you have less than 180 days out of status time. Be sure to include the I-485 receipt as you have already paid the filing fee for working and travel.
Answer Applies to: California
Replied: 10/7/2013
Immigration Law Offices, LLP
Immigration Law Offices, LLP | Fakhrudeen Hussain
You would have been better of submitting the I765 with the I485. Now if you file the I765 you will have to pay a separate fee fore I765. If you do not need the work authorization, I would just wait for the Green Card.
Answer Applies to: California
Replied: 10/7/2013
    The Law Offices of Mary Lyn T. Sanga, A Professional Corporation | Mary Lyn Tanawan Sanga
    Yes, you can still file Form I-765 while your Form I-485 is pending. You don't have to pay a separate fee as it is part of the $1,070 filing fee you paid for your Form I-485.
    Answer Applies to: California
    Replied: 10/7/2013
    Law Office of Eric Fisher | Eric Fisher
    You should be able to file the I-765 without paying an additional fee, but you need to make sure to include copies of the receipt notice for the I-485. The instructions for both forms advise where to file the I-765.
    Answer Applies to: Colorado
    Replied: 10/7/2013
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    Once I 485 is approved, you will no longer need an EAD to accept employment. If you want to work prior to that, I 765 is necessary.
    Answer Applies to: New York
    Replied: 10/7/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You will be able to work once your I-485 is approved. A permanent resident is automatically eligible to work. The I-765 is used to obtain employment authorization while the process is all going. You can send the form in now.
    Answer Applies to: New York
    Replied: 10/7/2013
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