Question for I-765(OPT-H1-Marrying US Citizen)

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punjabi97

New Member
Dear Gurus,
I came here on F1 Visa, Got OPT, then H1b expiring on October 31st 2008. I m going to marry in June of 08. I was trying to fill all the paper work so that I can file as soon as i get married. I have couple of questions regarding all the forms.

Q-11 for form I-765, ask if I have applied for employment authorization from USCIS. On OPT I was issued EAD for one year. Do I have to say "yes" considering that on OPT I applied for EAD from USCIS. For h1b also we apply through USCIS, does that consider as applying for wok authorization from USCIS too. What do I have to fill there, and which employment authorization shall i consider.

Q-2 My Spouse is not earning as she still is studying, Do that means we will have to fill I-864 (by her) and I-864A ( By myself as household member to support her).

Q-3 For I-485, Part 3 it ask "where non immigrant visa was issued" I was issued F1 in India, but then i changed my status to H1b but I never left US on H1b so my passport was not stamped yet for H1b. In this circumstances do i hav to put visa information related to F1 or related to H1b.

I know i m asking too many questions but any help will be appreciated to clear things up.
 
H-1B does not count as work authorization, they are interested if you've applied for an EAD card. I believe OPT counts so your answer is yes.

Your wife files I-864 as your sponsor, and can include your income as the intending immigrant without filing I-864A (read the instructions), if it will continue from the same source after you become an LPR.

I believe on the I-485 Part 3 they are asking about your visa information when you last entered. Your current status and I-94# will go in Part 2. Since you don't have an H-1B visa, you'd use your F-1 visa information for Part 3. A visa is only an entry document so no visa is necessary if you didn't leave since you adjusted status to H-1B.
 
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