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Hi all,

i would greatly appreciate some help/advice regarding the situation i find myself in. I have been the states working here for 8 years. i am coming to the end of my second H1B visa. since i was married last year, i recently applied for my green card using my wife as my sponsor. i have just received emails stating my paperwork has arrived at the necessary centers. Since my current visa is expiring on the 2nd of July, i am concerned i will not get my paperwork back in time for me to continue working. i have only come across the I-765 (application for employment authorization) and wonder if i need to file that so i can continue to work while my case is pending? i have a social security card etc - i'm not sure if that changes anything?

many thanks in advance

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H1B is dual intention visa, if you stick with your current sponsor employer and they are willing to renew it then you are fine.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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You can file the I-765 now. Include a copy of your NOA! from the I-485 when you get it, and the I-765 will be free. It takes about 3 months to process, however, so it appears you will have a gap in work. You can try for expedite of the work permit based on maintaing employment, but there are no guarantees.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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You can file the I-765 now. Include a copy of your NOA! from the I-485 when you get it, and the I-765 will be free. It takes about 3 months to process, however, so it appears you will have a gap in work. You can try for expedite of the work permit based on maintaing employment, but there are no guarantees.

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is there a way to expedite the I-765 process. it seems like all the other immigration forms: fill them out, send them in, keep your fingers crossed.

thanks for your comment

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H1B is dual intention visa, if you stick with your current sponsor employer and they are willing to renew it then you are fine.

~~~~~~~~~~

i am apply for my green card having previously been on a H1B. i am not filling through work, but through my wife as sponsor.

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~~~~~~~~~~~~~~~~~~~~~~~

is there a way to expedite the I-765 process. it seems like all the other immigration forms: fill them out, send them in, keep your fingers crossed.

thanks for your comment

After you send it in, and have your fingerprint appointment, you can call and request an expedite. They will ask to about the reason, you would explain your job situation, and they would say either yes or no to the expedite, depending.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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After you send it in, and have your fingerprint appointment, you can call and request an expedite. They will ask to about the reason, you would explain your job situation, and they would say either yes or no to the expedite, depending.

~~~~~~~~~~~~~~~~

thank you for the suggestion!

good luck to you

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