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Should I file form I-765

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  • Should I file form I-765

    I am currently applying for a change of status (I-485) through marriage with my wife who is a US Citizen. I am on L1-B visa (expiry in 2026), with my employer. Do I need to file form I-765? And if yes, what do I answer in Part 1. "Reason for applying"? I also have an STEM OPT EAD which expires in July 2024.

    Thank you!

  • #2
    It's up to you whether you want to apply. You already have work authorization through your L1, so if you don't plan to change jobs, you don't need an EAD. But an EAD might come in use if you unexpectedly lose your job and you want to start a different job immediately, where the new company doesn't want to petition you for H1b/L1, or it would take too long, and it would take too long to apply for an EAD starting at that time. However, the chances of such an unexpected occurrence is low, and so it is likely not worth the $260 application fee.

    If you apply, Part 1 would be 1.a. "Initial permission to accept employment.". Part 2 #27 would be "(c)(9)".

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you! This is very helpful!

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