If I have an H-1B visa that is still valid, is it necessary to file for Employment Authorization (I-765) in conjunction with my Adjustment of Status application?
NO. As long as you have not reached the six-year maximum in the H-1B category and you maintain valid H-1B status, you need not obtain an Employment Authorization Document. If your Adjustment of Status application is still pending at the time you do reach the maximum of six years in H-1B, you must at that time apply for an EAD. You should be sure to submit a timely petition well in advance of the expiration of your H-1B as the BCIS may take up to ninety (90) days to process an EAD petition.
Related Questions
- I am an H-1B visa holder and my employer is filing to extend my H-1B for an additional three years. Do I have to file a separate extension for my wife and childs H4 visa?
- I am currently on a H-1B visa, which expires in five (5) months. If I file the I-140 and I-485 petitions concurrently and obtain an EAD, do I need an H-1B visa extension?
- If I have an H-1B visa that is still valid, is it necessary to file for Employment Authorization (I-765) in conjunction with my Adjustment of Status application?
