Switching from H-1B to I-765.

Denverite

Registered Users (C)
Currently employed on an H-1b. H-1B expires Nov 2006.

I-130 as a son of LPR filed in June 2002, upgraded to son of a USC in March 2006.

After my I-130 is approved, once I file my I-485, can I also file my I-765 so I can change employers? Do I have to wait on I-485 approval in order to file I-765?
 
Denverite said:
Currently employed on an H-1b. H-1B expires Nov 2006.

I-130 as a son of LPR filed in June 2002, upgraded to son of a USC in March 2006.

After my I-130 is approved, once I file my I-485, can I also file my I-765 so I can change employers? Do I have to wait on I-485 approval in order to file I-765?

You can file I-765 along with your I-485. You can change employers only after your EAD is approved.
Your I-485 approval would give you the GC. You wont need I-765 after I-485 approval as the GC would give you authorization for employment.
 
I take it the I-765 gives me the EAD then.

Do I need to have a job offer in hand from an employer in order to file a I-765 for a new job?

In essence, in order to leave my current employer, do I need to have another employment offer secured to file the I-765?
 
Denverite said:
After my I-130 is approved, once I file my I-485, can I also file my I-765 so I can change employers? Do I have to wait on I-485 approval in order to file I-765?

You can't file I-765 until your PD becomes current. Current PD for family based 1st category is April 22, 2001.
 
Slightly off topic...

How long has that PD been stuck at April 01? It seems like its been that way forever.
 
Denverite said:
I take it the I-765 gives me the EAD then.

Do I need to have a job offer in hand from an employer in order to file a I-765 for a new job?
No. You can apply and get an EAD irrespective of whether you want to work or not.

In essence, in order to leave my current employer, do I need to have another employment offer secured to file the I-765?
see above
 
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