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adjustment of status and I-765

Published Oct 1,2015 By Polina

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

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SK
SK
7 years ago

Hi
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.

Rinu Kooliyottil
Rinu Kooliyottil
7 years ago

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
Rinu

Tigran Kalaydzhyan
Tigran Kalaydzhyan
7 years ago

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.

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