I-765 question

[TruBlue]

To make a long story short....

I am a US Citizen currently residing overseas with my husband.. We were married in his country (Australia) last year.. We plan to move to the US to be near my family hopefully sometime in April. We have not filed any necessary documents for his residency yet but will do so immediately upon making the move..

My husband has a very good chance of starting a tenure track University position in the US with a start date of employment beginning mid August/early Sept.. My question is, if we arrived in the US in mid/late April and started his GC process at that time, what are his chances of obtaining his I-765 before he would be requested to start teaching?

We would be residing in NY State if that makes any difference in processing times..


TruBlue

 

[BMORE HOPEFUL]

If you file on May 1st USCIS estimates 90 days- so thats about August 1st- however- if you look around alot of people are recieving their's in under 2 months.

It really depends- no one can say for sure- you could even have your GC by then but nothing is guarenteed. I would advise you to try to file by May if possible ...hope this helps.

 

[austriacus]

TruBlue,

be sure to plan ahead. What status does he plan to enter in?

If he intends to get a GC and is currently outside the US, he is not admissible with any visas requiring nonimmigrant intent, including entering as a tourist under the VWP. Let's just theoretically assume he does not have immigrant intent yet, you do arrive here and he arrives with a visa requiring nonimmigrant intent (if he misrepresents his intent he may get into trouble, but let's assume he has not made up his mind yet to break his closer ties to Australia). There's a 30-60-90 day rule for the USCIS to allow him to change his intent before you can file the AOS for him and it would require you to wait 2-3 months to get the process started and another 3 to get EAD.

For his situation, a H-1B (dual intent) visa would generally be a good option to enter. Of course, you can also do CP in Australia (perhaps DCF?). But to do this in 5 months seems unlikely I think, might depend on your local US consulate; for H-1B he'd have to file by April 1 for an Oct 1 start date and it's a lottery system where you don't know who gets it (unless he has a US graduate degree). The university offering him the position, I'm sure they are aware that he can't just show up and accept employment, right? Have they offered to sponsor his H-1B?