Question regarding I-765 Employment Authorization

andreamate

Registered Users (C)
Hi all, one quick question about filling out the I-765. My husband is here on a P-1 athlete's visa. He tried to apply for adjustment of status in July 2004 through his employer, so was subsequently issued an EAD valid from July 2004-July 2005. Now that he is married to a USC, we are applying for his adjustment of status again.

On the I-765 do we check the box indicating 1) Permission to Accept Employment or 2) Renewal of my permission to accept employment

Since his old EAD expired in July 2005, I'm not sure whether we wish to renew it or apply for a new one. And if we do check 'Permission to accept employment' we have to check the box on 11. indicating he has applied for employment authorization from USCIS, correct?
 
andreamate said:
Hi all, one quick question about filling out the I-765. My husband is here on a P-1 athlete's visa. He tried to apply for adjustment of status in July 2004 through his employer, so was subsequently issued an EAD valid from July 2004-July 2005. Now that he is married to a USC, we are applying for his adjustment of status again.

On the I-765 do we check the box indicating 1) Permission to Accept Employment or 2) Renewal of my permission to accept employment

Since his old EAD expired in July 2005, I'm not sure whether we wish to renew it or apply for a new one. And if we do check 'Permission to accept employment' we have to check the box on 11. indicating he has applied for employment authorization from USCIS, correct?

This is a new EAD (through a family based I-485) and not a renewal of the prior EAD (through employment based I-485). The EAD that would be issued with this application would have a different A# as compared to the previous EAD. I think you should choose option 1 and also mention that an EAD was issued prior to this.
 
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