H1B marry to USC - question for I-765

[imshao]

I am currently in valid H1B and married to USC

When I filed out I-765, there is a question asking for
" I am applying for:
- Permission to accept employement
- Replacement (of lost employment authorization document)
- Renewal of my permission to accept employment
Which option should I select?

Question 11, does the "employment authorization" refer to the EAD during OPT?

Question 16: Should be C9, right?

Do I need to submit a copy of EAD with the application form?

Will that matter if my address in I-765 different from that in I-485?
I don't live with my USC hus now and I won't move until I finish the FP. I heard that
the change of address might delay the process, so I think if that would be Ok I put my
hus's(where I will move to) address in I-765?

Thank you so much for your reply.

 

[LucyMO]

If you wish to maintain your H1 status by continuing to work for your H1 employer, you do not need to apply for AOS EAD. Otherwise, mark:

Permission to accept employment

Question 11, does the "employment authorization" refer to the EAD during OPT?

yes. It may also refer to H1 (since in a way, it is also a permission to work)

Question 16: Should be C9, right?

(c)(9)

Do I need to submit a copy of EAD with the application form?

let's see:

If you are mailing your application to the USCIS, you must also submit:
A copy of Form I-94 Departure Record (front and back), if available.
A copy of your last EAD (front and back).

 

[imshao]

Lucy, thank you very much for your replay.

when you said
"If you are mailing your application to the USCIS, you must also submit:
A copy of Form I-94 Departure Record (front and back), if available.
A copy of your last EAD (front and back)."
My question is for H1B, is copy of I797A needed to submit besides the copy of I-94 and last EAD?

Will that matter if my address in I-765 different from that in I-485?
I don't live with my USC hus now and I won't move until I finish the FP. I heard that the change of address might delay the process, so I think if that would be Ok I put my hus's(where I will move to) address in I-765 and put current address in I-130 and I-485?

Thanks again

 

[dr_lha]

I am currently in valid H1B and married to USC
When I filed out I-765, there is a question asking for
" I am applying for:
- Permission to accept employement
- Replacement (of lost employment authorization document)
- Renewal of my permission to accept employment
Which option should I select?

The first one.

Question 11, does the "employment authorization" refer to the EAD during OPT?

It refers to whether you have had an EAD before. If you have a H-1B, the answer to this question is "No".

Question 16: Should be C9, right?

Correct

Do I need to submit a copy of EAD with the application form?

What EAD?

Will that matter if my address in I-765 different from that in I-485?
I don't live with my USC hus now and I won't move until I finish the FP. I heard that
the change of address might delay the process, so I think if that would be Ok I put my
hus's(where I will move to) address in I-765?

You are required by law to inform USCIS of your change of address within 10 days of moving. Not doing so is grounds for deportation. I suggest you file the AR-11 now, and file the I-765 with the new address.

 

[imshao]

Thank you dr_lha, but I am a little confused.
I did have EAD (Employment Authorization Document) which was valid for one year when I was student. So should I still put "No" for Question 11?

 

[dr_lha]

Ah, you didn't mention the OPT EAD in your original post. I'm actually not sure what the answer to this is, but I would guess "yes", but don't put "renewal of EAD" because you aren't renewing, you're applying for an EAD based on a totally different circumstance.

BTW - if you have H-1B, why are you applying for EAD anyway?

 

[imshao]

dr_lha, thanks again!

With EAD, I can work for any company without restriction since I am in long distance with my hus. It's just not easy to get H1b sponsorship.

 

[mn77845]

I had a F-1 EAD for OPT before I moved to the H-1. I did submit copies of my OPT EAD with my marriage to USC based I-765 and I didn't get any RFEs for any additional documentation and the EAD was processed and mailed within 60 days.