Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

adjustment of status and I-765

First, let me thank you. I got recently approved i-140 through NIW, using your package. I am on J1 visa and I am applying for adjustment of status. Do I have to file i-765 in order to keep working for my current institution? And what will be the expiration date on the EAD card if my husband who is on J2 visa files  i-765 with i-485?

Thank you

5 Responses to adjustment of status and I-765

  • GCforPhD says:

    First congratulations on your i-140 success.

    Since you mentioned that you are applying for adjustment of status, we assume you either do not need J1 waiver or already have one, and your priority dates are current.

    You only need to apply for I-765 if you plan on not using your J1 and J2 visa. Some applicants apply for an EAD because it is more flexible as they can work with any employer. If you wish to apply for I-765 then you would need to apply for yourself and your husband. EADs are usually granted for a period of one year. Renewals generally take 120 days.

    Best wishes

  • SK says:

    I am currently on J1 and my spouse and our 2 children are on j2, will expire in 2019. Meanwhile, my spouse applied for I-765 and I and our children are in this application as derivatives while I am still on J1. Now, I am planning to transfer to another institute with my j1 status, The question is, will my being in I-765 application affect my transfer with j1 status? The second question is, if my spouse gets her I-765 approved, can I get my 2 years home residency waived on the basis of hardship to my spouse? The third question is if the answer in the second question is yes, then once I get j1 waiver, though I know we can adjust status with I-765 approval, can I apply for EB1a or NIW and then adjust status? I hope you come with solution to my questions. Waiting to hear and thank you.

    • GCforPhD says:


      We are not sure we understand the question but will try to answer the question to the best.

      I-765 is application for employment authorization (EAD) based on your J1 and your spouse J2 status. Generally this form does not have derivative applicants. So the answers to question 2 and 3 are No. J1 wavier is a separate process and is not based on I-765 application. There are also not adjustment of status based on I-765.

      Family members can be derivative I-485 applicants based on a successful I-140 application. If you mean to say your spouse (currently on j2) has applied for I-140 the below answers apply. Before you or your family applies for I-485 you would need to apply for a wavier. Once the wavier is approved you can adjust your status.

      Best wishes

  • Rinu Kooliyottil says:

    Hi, I am also more or less in the same category. I am on J1 and My I 140 is approved under the EB1 category, and I am petitioning myself. I have got waiver from 2-year residency requirement.
    Currently, I filing 485 with 765, 131, 693 and 325a. My question is, in I 765 form what is the answer to 16. The instructions for I 765 is not showing anything about I140 approved for J1. I am also filing for my wife at the same time. What will her eligibility for EAD (16 in I 765) ?
    I really appreciate your help.
    Thank you

    • Tigran Kalaydzhyan says:

      If you are filing I-765 together with I-485, then it is (c)(9) — Adjustment Applicant. You are applying for the work authorization on the basis of pending adjustment of status, not on the basis of J1.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>