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Work permit after the adjustment of status is file

San Diego, CA |

I am on a an H1B and married to an American citizen. Suppose I file my I-130 and the i-485 concurrently and then lose my job, can I file an i-765 to ask for a work permit while my case is pending?

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Attorney answers 3


You may file for an I-765 at the same time you file the I-130 and I-485, at no additional fee. Until you use it for another job, your H1B remains the same. Why not have it ready just in case since it will otherwise take 2-3 months for filing for it later.

This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. Consultation with an experienced competent immigration attorney is often the best way to address the complexities of individual immigration issues.


If you get married to a US citizen, I highly recommend to file the I-765 in your case. First there are no additional fees for it but it will be a proof for status for DMV and SS and will allow you to work. Therefore, it is not a question of whether you should file but when you will file it. My advice is immediately while filing the concurrent filing. Note it does not matter even if the H1B is not valid anymore as long as you entered legally. I will advise to hire an immigration attorney to do your case.

Good Luck
Shah Peerally
Note: The above is provided for informational purpose only, one should not act or refrain to act just on the information provided. No attorney-client relationship is created unless a retainer is signed.


Yes, you may file the I-765 while your adjustment of status case is pending with the Immigration Service.

You can also file the I-765 concurrently with the I-130 and I-485, which you should consider doing because it will allow you to work for another employer if you lose your current job with your H1-B employer. In addition, if you would like to switch employers, the I-765 will allow you that flexibility so you are not beholden to any one employer like the H1-B visa.

Please consult with an immigration lawyer before you submit the information to the immigration service.

Good luck with your petition!

Nikiki Bogle.

Nikiki T. Bogle, Esq.
Immigration Lawyer

Phone: (800) 342-1733 ext. 101

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