can we file i-765 after i-485/i-130?

T

tanusha

New Member
We are submitting I-485 together with i-130 forms right now. Do we need to file i-765 at the same time or can we wait? My husband is currently in US with a TN visa from Canada that will expire at the beginning of April'08. He is currently working. I'm hoping I-485/i-130 can be processed before April. Is it too optimistic? Will he be able to submit I-765 sometime in January'08 and receive employement authorization before TN visa expires? I understand that ones we submit the application for I-485, he no longer can reapply for TN visa. Thanks.
 
Yes, you can submit the I-765 later on... if he does not need it right now, there is no need to file for it now.

The I-765 should take about 90 days to process and so, if your case moves fast enough, and your husband does not get stuck in name check. He should have a Green Card before the end of the year. So he would not need anything else but that GC to work.

If he is stuck in name check, he can file for the I-765 at anytime (I filed for mine a couple of weeks after filing for Adjustment of Status) and Jan 2008 sounds like a good date.
 
Thanks, PraetorianXI.
I think we'll wait, although the form will be twice as expensive in January as it is now.
What is a name check? How long does it usually take?
 
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