I am on a J-1 Trainee visa for 18 months started in Jan 2012 expires Sept 2013. I am married to my wife (U.S. Citizen) as of Jan 2013. I am was wondering in my I-130 and I-485 package do I need to apply for the I-765 form for work authorization. Although I have a J1 work visa for a good amount of time I was wondering do I need to fill out the form anyway as in the description it states: " Other aliens who are authorized to work in the United States without restrictions should also used this form to apply for a document evidencing such authorization."
OR can i just continue on my J1 and get GC status providing it is granted before Sept.
You should apply for the EAD even though you could still work on the J-1 training position through the expiration of J-1 status, as indicated on the DS-2019. There is no extra fee for the EAD application. Having the EAD could be helpful if you were fired from your J-1 position and wanted to work elsewhere.
Hake & Schmitt
Attorneys at Law
P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.
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