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?

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?

Dallas, TX -

Attorney Answers (1)

Shah Iqbal Nawaaz Peerally

Shah Iqbal Nawaaz Peerally

Immigration Attorney - Newark, CA
Answered

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
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