I-765 form Q.16 Eligibility Category

[shahvatsal239]

Hello,
I am working as H-1B in U.S. and my wife is U.S citizen. we are married now and she is filing Greencard for me.
I have question regarding I-765 form , Question 16. Eligibility Category "Who may file form I-765 ?"
I tried to find from instruction , but did not find anything which matches for me.
Can you please help me , what should be the correct answer.
Thank you.

[Adrian Gruber]

Hello,
I am working as H-1B in U.S. and my wife is U.S citizen. we are married now and she is filing Greencard for me.
I have question regarding I-765 form , Question 16. Eligibility Category "Who may file form I-765 ?"
I tried to find from instruction , but did not find anything which matches for me.
Can you please help me , what should be the correct answer.
Thank you.

Good morning, I am not an attorney but this is what I found:
Spouse of an H-1B Nonimmigrant--(c)(26).
File Form I-765 along with documentation of your
current H-4 admission or extension of stay. You
must also submit documentation establishing either
that the H-1B principal has an approved Immigrant
Petition for Alien Worker (Form I-140), or that your
current H-4 admission or extension of stay was
approved pursuant to the principal H-1B
nonimmigrant's admission or extension of stay based
on sections 106(a) and (b) of the American
Competitiveness in the Twenty-First Century Act
(AC21). For your convenience, you may file Form
I-765 with Form I-539, Application to Extend/
Change Nonimmigrant Status. However, USCIS will
not process Form I-765 (except filing fees), until after
USCIS has adjudicated Form I-539. You may also
file Form I-765 at the same time as Form I-539 and
Form I-129, Petition for a Nonimmigrant Worker.
The 90-day period for adjudicating Applications for
Employment Authorization (Form I-765) filed
together with Form I-539 does not begin until USCIS
has determined whether you are eligible for the
underlying H-4 nonimmigrant status, and that the
principal is eligible for H-1B status. Please see the
USCIS Web site at www.uscis.gov/I-765 for the
most current information on where the file this
benefit request.

Q.16 (c) (26) fits your criteria.

[TarCas]

If your us citizen wife is filing for you then your I 765 category will be c9.