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CocoCoco

Question on the 1-765

By CocoCoco in Adjustment of Status from Work, Student, & Tourist Visas

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CocoCoco Apprentice

CocoCoco   1

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Here's a question that may be a bit trickier for someone to answer...

My husband actually is working for a Canadian company right now and telecommuting (not looking for an answer about this...the immigration attorney didn't even know answers for what is appropriate there). As soon as we get his SSN, we'll be changing everything into US dollars and tax info, so basically the I-765 just expedites getting a SSN, and I correct??

Our Journey

06/18/2008 First Date

06/02/2012 Engaged

06/18/2012 Eloped to Kauai, HI on our 4 year Anniversary!

AOS Journey

07/20/2012 - Day 0 - AOS/EAD/AP -package mailed to Chicago Lockbox

07/23/2012 - Day 3 - Package delivered

07/30/2012 - Day 10 - Checks cashed

07/30/2012 - Day 10 - 4 of 4 NOA's received in the mail

08/06/2012 - Day 17 - Received biometrics appointment letter for August 20th

08/10/2012 - Day 21 - Text notification of RFE

08/15/2012 - Day 26 - Hard copy notification of RFE

08/20/2012 - Day 31 - Biometrics appt at 11:00 am

08/30/2012 - Day 41 - RFE mailed to MO

09/24/2012 - Day 66 - Text Notification of EAD/AP Approval/Card Production

09/27/2012 - Day 69 - Text Notification of Interview Notice

10/01/2012 - Day 73 - Interview Notice Received - Monday November 5, 2012

10/04/2012 - Day 76 - EAD/AP Card Received

11/05/2012 - Day 108 - Interview Day (whoosh! Glad that's over!)

11/05/2012 - Day 108 - Text/Email notification of Greencard Production!

DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Here's a question that may be a bit trickier for someone to answer...

My husband actually is working for a Canadian company right now and telecommuting (not looking for an answer about this...the immigration attorney didn't even know answers for what is appropriate there). As soon as we get his SSN, we'll be changing everything into US dollars and tax info, so basically the I-765 just expedites getting a SSN, and I correct??

Are you asking if, in your case, the purpose to the I-765 is that it will get him a SSN faster than if he just waits for the greencard? That's what it sounds like to me.

For most of us, the I-765 gets you an EAD which will allow you to not only get a SSN but also to get a job. Your husband already has a job, so the EAD will just allow him to get a SSN.

And I have no idea if the fact that he's working in the US for a Canadian company is "ok" by immigration standards. But I've often wondered. My husband could have, but we chose not to take the risk of doing something illegal. We didn't need the money to survive, it would have just been gravy.

(I look forward to gravy when he gets his EAD.) ;)

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

CocoCoco Apprentice

CocoCoco   1

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
  • Author
Posted

So forgive my ignorance, but will he get a SSN when he gets his greencard without filing the I-765?

Our Journey

06/18/2008 First Date

06/02/2012 Engaged

06/18/2012 Eloped to Kauai, HI on our 4 year Anniversary!

AOS Journey

07/20/2012 - Day 0 - AOS/EAD/AP -package mailed to Chicago Lockbox

07/23/2012 - Day 3 - Package delivered

07/30/2012 - Day 10 - Checks cashed

07/30/2012 - Day 10 - 4 of 4 NOA's received in the mail

08/06/2012 - Day 17 - Received biometrics appointment letter for August 20th

08/10/2012 - Day 21 - Text notification of RFE

08/15/2012 - Day 26 - Hard copy notification of RFE

08/20/2012 - Day 31 - Biometrics appt at 11:00 am

08/30/2012 - Day 41 - RFE mailed to MO

09/24/2012 - Day 66 - Text Notification of EAD/AP Approval/Card Production

09/27/2012 - Day 69 - Text Notification of Interview Notice

10/01/2012 - Day 73 - Interview Notice Received - Monday November 5, 2012

10/04/2012 - Day 76 - EAD/AP Card Received

11/05/2012 - Day 108 - Interview Day (whoosh! Glad that's over!)

11/05/2012 - Day 108 - Text/Email notification of Greencard Production!

DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

So forgive my ignorance, but will he get a SSN when he gets his greencard without filing the I-765?

Yes. Well, as I understand it, he'll be able to go apply for a SSN. Same thing as with the EAD, it makes him eligible to get one. Some people get their EAD but don't bother getting an SSN until after they get their greencard. Saves them a trip to social security.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

CocoCoco Apprentice

CocoCoco   1

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
  • Author
Posted (edited)

Last STUPID question, I promise. :bonk:

If we DON'T file for the 1-765...will he be eligible to work in the US...like, ever? Or is the I-765 what is needed to do that? I had been reading the I-765 as an advancement on work authorization before the AOS is processed, but now I'm thinking it's the only way to get an EAD at all??

These packages have really made me lose brain cells. :D

Edited by CocoCoco

Our Journey

06/18/2008 First Date

06/02/2012 Engaged

06/18/2012 Eloped to Kauai, HI on our 4 year Anniversary!

AOS Journey

07/20/2012 - Day 0 - AOS/EAD/AP -package mailed to Chicago Lockbox

07/23/2012 - Day 3 - Package delivered

07/30/2012 - Day 10 - Checks cashed

07/30/2012 - Day 10 - 4 of 4 NOA's received in the mail

08/06/2012 - Day 17 - Received biometrics appointment letter for August 20th

08/10/2012 - Day 21 - Text notification of RFE

08/15/2012 - Day 26 - Hard copy notification of RFE

08/20/2012 - Day 31 - Biometrics appt at 11:00 am

08/30/2012 - Day 41 - RFE mailed to MO

09/24/2012 - Day 66 - Text Notification of EAD/AP Approval/Card Production

09/27/2012 - Day 69 - Text Notification of Interview Notice

10/01/2012 - Day 73 - Interview Notice Received - Monday November 5, 2012

10/04/2012 - Day 76 - EAD/AP Card Received

11/05/2012 - Day 108 - Interview Day (whoosh! Glad that's over!)

11/05/2012 - Day 108 - Text/Email notification of Greencard Production!

ChrisPG Collaborator

ChrisPG   30

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

Last STUPID question, I promise. :bonk:

If we DON'T file for the 1-765...will he be eligible to work in the US...like, ever? Or is the I-765 what is needed to do that? I had been reading the I-765 as an advancement on work authorization before the AOS is processed, but now I'm thinking it's the only way to get an EAD at all??

These packages have really made me lose brain cells. :D

Filing Form I-765 will give your spouse the ability to work within the U.S. while the rest of the AOS is being adjudicated. Once he receives his GC, then the EAD is no longer needed to be able to work in the U.S. as the GC also gives him work authorization.

So if you do not file the I-765 with the AOS paperwork, then he will only be allowed to work once he has his GC in hand and not before. ALthough I have no idea why you wouldn't file this Form with the rest of the package since it is free when it is filed concurrently.

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

CocoCoco Apprentice

CocoCoco   1

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
  • Author
Posted

I didn't realize it was like the A/P and there was no filing fee! I had the fee written down in my notes, and hadn't double checked it yet...that makes it a no-brainer to apply. :) Thanks for your help!

Our Journey

06/18/2008 First Date

06/02/2012 Engaged

06/18/2012 Eloped to Kauai, HI on our 4 year Anniversary!

AOS Journey

07/20/2012 - Day 0 - AOS/EAD/AP -package mailed to Chicago Lockbox

07/23/2012 - Day 3 - Package delivered

07/30/2012 - Day 10 - Checks cashed

07/30/2012 - Day 10 - 4 of 4 NOA's received in the mail

08/06/2012 - Day 17 - Received biometrics appointment letter for August 20th

08/10/2012 - Day 21 - Text notification of RFE

08/15/2012 - Day 26 - Hard copy notification of RFE

08/20/2012 - Day 31 - Biometrics appt at 11:00 am

08/30/2012 - Day 41 - RFE mailed to MO

09/24/2012 - Day 66 - Text Notification of EAD/AP Approval/Card Production

09/27/2012 - Day 69 - Text Notification of Interview Notice

10/01/2012 - Day 73 - Interview Notice Received - Monday November 5, 2012

10/04/2012 - Day 76 - EAD/AP Card Received

11/05/2012 - Day 108 - Interview Day (whoosh! Glad that's over!)

11/05/2012 - Day 108 - Text/Email notification of Greencard Production!

Old_Dog_Barking Collaborator

Old_Dog_Barking   36

Posted
Filed: AOS (apr) Timeline
Posted

I didn't realize it was like the A/P and there was no filing fee! I had the fee written down in my notes, and hadn't double checked it yet...that makes it a no-brainer to apply. :) Thanks for your help!

Wait until you get the NOA with receipt number and send in the I-765.(that way they can match it to the package). I have seen some members, on this site, who sent a delayed I-765 without any problems. Good luck

Day_01 05/05 AOS Package delivered (I-130,I-485,I-765).

Day_31 06/05 Biometrics done.

Day_46 06/20 Interview Notification

Day_79 07/23 Interview. Approved.

Day_86 07/30 Received GC and EAD

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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