I-765 help needed

[nicdave 0]

I am unsure whether I need to file I-765 with my I-485.

I am currently in the USA on an R-1 visa that expires in July thus I am currently authorized to work. I received my approval for an special immigrant visa religious worker.

I am in the process of filing for AOS but want to make sure I cover everything I need to when I send my packet to USCIS.

Can I file the I-765 now or would it be futile until my R-1 expires?

p.s - my UK passport expires in January 2014. Do I need to get a new passport and then send it to get a visa? SO CONFUSED!

Thanks for any input.

[Hypnos 6,576]

You don't have to file an I-765 with your I-485, but it will remove the current restrictions that are on your employment (i.e. that your work authorisation expires in July, and you have to continue working for the same employer).

Since it's free to file (with the I-485) then there's really no downside to doing so, especially if you want to continue working past July.

I assume you are adjusting on the basis of marrying a US citizen?

You shouldn't need to do anything right away with regards to your British passport. You are not applying for a visa, you're applying directly for a green card, so there will be no visa issued through this process. Obviously towards the end of the year, after your green card is approved, you should consider renewing your British passport through the embassy in Washington, DC (although all renewals are now sent on to to the UK to be processed).

Edited April 25, 2013 by Hypnos

[nicdave 0]

Not based on marriage, based on employment.

Here on non-immigrant R-1 have been approved for special immigrant religious worker.

Thanks for info on I-765. I will file it. However, I am unsure of what category I fall under since I do already have authorization to work with my current R-1. Any hints?

[Hypnos 6,576]

It's C-9 for an I-765 based on a pending I-485.