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I-140 together with I-765 for H4 dependent spouse to get a working permit

Published Sep 18,2015 By Eric K. Yoo

Hello,

I am a H-1B holder (post-doc), and plan to apply for I-140. According to the recent rule from USCIS, H4 dependent is now able to work if the H-1B holder has an approved I-140 form. My question is 1) when I apply for I-140, should I submit the I-765 form together with I-140? and 2) the I-765 is only for my spouse to get a work permit and I will keep my H-1B until I receive a green card. Can I file I-765 only for my spouse independently and is it correct that my H-1B visa won’t be affected by that?

Thank you for your time and look forward to hearing from you!
Eric

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