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Does I765 required for spouse if is already on L1.

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  • Does I765 required for spouse if is already on L1.

    Hi, I am seeking suggestions and guidance in the following scenario.
    I am on H1B visa and my i140 got approved(EB1 category) last week. My spouse is on L1 Visa.
    My employer is asking me to submit i485, G-325A, i765 for my spouse as well. I am particularly concerned about form i765 for my spouse who is right now on L1 visa. My questions:
    a) Should I submit Form i765 for my spouse?
    b) Will approval on i765 cause an issue with his existing L1 status?
    c) Does my spouse needs to be on H4 before i can submit form i765 for him?
    d) What could we expect if we apply only form i485 and G-325A for my spouse AND do not apply form i765 for my spouse.

    Thanks for your time reading my queries, please suggest and share your thoughts.

  • #2
    Originally posted by diepakk View Post
    Hi, I am seeking suggestions and guidance in the following scenario.
    I am on H1B visa and my i140 got approved(EB1 category) last week. My spouse is on L1 Visa.
    My employer is asking me to submit i485, G-325A, i765 for my spouse as well. I am particularly concerned about form i765 for my spouse who is right now on L1 visa. My questions:
    a) Should I submit Form i765 for my spouse?
    b) Will approval on i765 cause an issue with his existing L1 status?
    c) Does my spouse needs to be on H4 before i can submit form i765 for him?
    d) What could we expect if we apply only form i485 and G-325A for my spouse AND do not apply form i765 for my spouse.

    Thanks for your time reading my queries, please suggest and share your thoughts.
    I don`t see any impact of filling the I765. I am on a L1 visa and my spouse also holds a L1. My employer is sponsoring me and we will submit all forms including I-131. Just my opinion.

    Comment


    • #3
      It's free so why not. You don't have to use it if you get it, but have the option just in case.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by diepakk View Post
        Hi, I am seeking suggestions and guidance in the following scenario.
        I am on H1B visa and my i140 got approved(EB1 category) last week. My spouse is on L1 Visa.
        My employer is asking me to submit i485, G-325A, i765 for my spouse as well. I am particularly concerned about form i765 for my spouse who is right now on L1 visa. My questions:
        a) Should I submit Form i765 for my spouse?
        b) Will approval on i765 cause an issue with his existing L1 status?
        c) Does my spouse needs to be on H4 before i can submit form i765 for him?
        d) What could we expect if we apply only form i485 and G-325A for my spouse AND do not apply form i765 for my spouse.

        Thanks for your time reading my queries, please suggest and share your thoughts.
        a) Yes you should, or else you will not be able to add him to your GC petition at this time.
        b) Nope.
        c) Nope.
        d) Nothing. He will not be able to get an EAD based on your AOS petition. If his L1 expires or becomes invalid for any other reason, he would have to wait until he gets his GC in hand to be able to work. So practically no effect in your case. However, as newacct mentioned it is free with the AOS petition. So why not apply, and then the choice is yours whether to use it or not.
        Just an opinion; Not legal advice.

        Comment

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