jeanlee

I am holding a J1 visa and currently doing my academic training. I am going to mail my I-485 today. I am not planning to file I-765 (Application for Employment Authorization). Does that mean that I should stop my academic training once I file I-485? Just want to make sure.

Noorah101

I believe as long as your J-1 status is still valid, you can still remain employed on that, even if you have filed an I-485. If your J-1 status ends before you get your green card, then you'll have to stop working.

Rene

jeanlee

I thought you need to file I-765 (Application for Employment Authorization) if you want to work after filing I-485?

Noorah101

Only if you don't have work authorization via some other means.

For example, someone who is here on an H1B work visa...can continue working under the H1B even though he's filed an I-485 based on marriage to a USC....as long as he continues to meet the requirements of working under the H1B (same employer, status still valid, etc).

If he wanted to change employers (or if you want to change employers), then you'd need to have filed an I-765 for EAD.

Rene

Rete

Why would you not submit the I-765??? It is included with the fee for the I-485.

Also it can be used for your driver's license.

meauxna

Why are you planning to not apply for an EAD? There is no additional charge for this application if it goes in with the I-485.

Same for the travel document Advance Parole (application form I-131).
They are both good emergency measures.

jeanlee

I am going to change my job. I'm planning to work at the new job after I get my green card. I can have a few months break that is why I am not applying for an EAD. I hope it won't take too long.

I don't understand what it means "it can be used for your driver's license."?

Thanks.

jeanlee

"They are both good emergency measures." Why?

meauxna

Now that you have explained you're leaving your job and want a break, perhaps it doesn't matter to you.
Many people have posted about losing their jobs unexpectedly, or having an urgent need to travel outside of the US during their AOS application.

jeanlee

I did not apply for I-131 (Application for Travel Document) even though my husband suggests that I should (just in case, for emergency). I am just hoping that I can get the Green Card in a few months. Two of my friends applied for AOS in October, 2008 and get their Green Card in February. 2009.

meauxna

That's what I don't understand... you 'hope' your Green card will come thorugh quickly. What if it doesn't? Due to no fault of yours, just one of those things?

Applying for these documents is free and guaranteed and you're then 'covered' whatever happens. If your green card arrives and you never touched your interim documents, what is the harm?
If you need them, huge benefit.

ian-mstm

Just because you have work authorization it doesn't mean that you have to work. It means that if you want to work, you can. It might take 6-8 months to get your Green Card... you would do well to file the I-765 and the I-131. Don't be a fool... it costs nothing extra and might come in handy during an emergency.

Ian

Rete

Jeanlee

You are not them. It worked quickly for them but it might not for you. The system can suddenly go into slow down and you might have to wait 12 to 18 months for approval. Or you might get the interview but because of missing evidence or something else, you are not approved right then and there.

It costs you nothing extra to apply for those two benefits since you have already paid for it. Just because you have them doesn't mean you have to use them.

What if someone dies in your country and you need to return. If you leave you can't come back to the US without A/P.

Think about it.

By needed for a driver's license, most state's DMV will not give out a driver's license unless you have proof of the right to remain in the US. Since you don't have a green card, the EAD provides that evidence.