I_765 question about dependant

M

minxx

Registered Users (C)
Hi,
I am filing my 485 and have to fill up form I-765 for my spouse as well. Question 16 is about the eligibility category. I am now on an H1-B so I know my category is (c)(0)(9). Would the same category be applicable to my spouse or is there a different category for dependants?

minxx.
 
Your wife must file her own I-485 as well. Each person has to file their own complete I-485/I-765/I-131 package. The category is (C) (9) not (C) (0) (9). For your wife, the category is the same, (C)(9).

Just wanted to make sure you know that she has to file her own I-485 as well, as a derivative applicant.
 
EAD while Name check pending

Hello,

I am on H4 visa and I 484 is pending for a month now. If finger print is waiting for clearance, will I get EAD and Advance parole?

Also if I take SSN based on EAD then do I loose visa status in H4?

Pls. reply.

Thanks,
Mercy1
 
Thx for the reply !
Hmmm.....my lawyer told me that my category should be (c)(0)(9). So, I am confused now.
Is that the category you used in your application? Please let me know. In case this is relevant; I came in as an F-1, transitioned to OPT, then H1-B. Currently in my first 3 years of H1-B with 2nd employer.
 
minxx,

See the I-765 application, page 4, left-hand column:
http://www.uscis.gov/files/form/I-765.pdf
Although I don't think they will reject your application, the correct way of writing your code on the application is (C) (9) ( ) - leave the last one blank. There is no (C) (0) (9) category. Your lawyer is, well, wrong. I've filled out 6 EAD applications over the past few years and that's how I've written it. It should not be a big deal though, because even if you write c-0-9 they should know what you mean.
 
Last edited by a moderator:
Thx so much! I just talked to my lawyer, he said that you are right and what he had sent me was a typo.
 
mercy1 said:
Hello,

I am on H4 visa and I 484 is pending for a month now. If finger print is waiting for clearance, will I get EAD and Advance parole?

Also if I take SSN based on EAD then do I loose visa status in H4?

Pls. reply.

Thanks,
Mercy1
Click to expand...

Assuming you paper-filed, the fingerprinting is just for your I-485. You will still be able to get your EAD and AP even if the fingerprint is pending.

If you take SSN based on EAD, I don't believe you will lose your H4 status. You will lose H4 status if you work with your EAD, though.
 
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