Query on filing of I- 765 and I- 131

[alluvignesh]

I am currently on h4 and it expires in a couple of months. i have my h1 approved for 2008 quota. My husband's H1 expires on september 2007. we are applying for I-485 next month. Do i need to apply for I-765 and I-131 because as per the instructions from my attorney it says the following:

- I-765 or EAD card. If you have valid H-1B valid more than one year and will not change job, you do not need EAD.

- I-131 or Advance Parole. If you have valid H-1 or H-4 visa stamping valid more than one year or if you are Canadian citizen, you do not need AP.

Please clarify me whether I-765 and I-131 is required for our case.

[waitin_toolong]

As your attorney states if you have an independant working ststua then you dont need to apply for EAD or AP

[alluvignesh]

I am in h4 visa expiring on sept 2007 and my h1 start date is oct 2008 and for my husband h1 expires on sept 2007 and he has already applied for extension of his h1.

we are applying for greencard on july 2007 but as per our attorney's instruction it says
. If you have valid H-1B valid more than one year and will not change job, you do not need EAD.

As it expires before one year of applying I 485 should we need to apply I-765 and I- 131

[waitin_toolong]

your H1 start date is Oct 2007 it cannot be 2008 if you plan to apply in next quota then you will need to either apply for extension oh H4 to maintain status.

Since your husband has already applied for extension he will be fine.

Assuming your H1 starts from Oct 2007 you will be fine too without EAd and AP. The only thing is if you travel abroad then you will each have to get your H1 stamped