Skip to main content

My laid off H1B spouse is filing for adjustment of status through marriage to me. On the I-765 form is this an initial EAD?

Dallas, TX |

Spouse is on H1B visa. Prior to this, she also once had an EAD card for F-1 OPT 4 years ago. For purposes of completing the I-765 form, do we check the box "Permission to accept employment" OR "Renewal of my permission to accept employment" I.e. is this an Initial EAD or a Renewal EAD? Also I-765is being filed concurrently with I-485 and I-130. Do we need to pay the $340 fee or is this waived?

Attorney Answers 1


  1. Congratulations on your marriage. The EAD is a new one, it is not a renvewal. No you do not have to pay the $340, it is included in the $1010 fees. It is always recommended to file marriage petitions with an attorney.

    Good Luck
    Shah Peerally
    Note: The above is provided for informational use only. One should not act or refrain to act based solely on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

Marriage and prenups topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics