Tag Archives: i797

Green Card Pending – How Can You Work

Immigrants who are in the United States for temporary stay should file Form I765, application for employment authorization with the United States Citizenship and Immigration Services or USCIS, to receive an EAD or Employment Authorization Document. The EAD is also known as work permit. U.S. citizens, lawful permanent residents, conditional permanent residents and non-immigrants who are authorized to work in the U.S. should not use Form I765, application for employment authorization. You can work in the United States even while your Green Card application is pending.

If you want to work while your Green Card application is pending, you have to file Form I765, application for employment authorization along with your adjustment of status application. Along with Form I765 you have to submit a copy of your I-94, Arrival Departure Card. On submitting your application with the USCIS, you should receive an Employment Authorization Card within 90 days. Once you have received the Employment-Authorization Card you are eligible to work in the United States, even if your Green Card Application is pending.

If for some reason you do not receive the Employment-Authorization Card within 90 days, you can request for an interim employment authorization on Form I765, which will be valid for 240 days. To receive an interim card, you have to file a request for interim work authorization on Form I765 at the USCIS service center. If 240 days pass and you still have not received a final decision on your I765 application you must stop working. Interim work authorization cards cannot be renewed. However, if you reach this point, you have the option to file a new application for employment authorization on Form I765. If you do not get a decision even on the new I765 application within 90 days, you will then be entitled to another interim work authorization card.

There is no filing fee for Form I765 when filed concurrently with Form I-485, Application for adjustment of status. It is recommended to file Form I765, Application for Employment Authorization and Form I-485, Adjustment of status application together which enables you to work while your Green Card application is pending and also facilitates easy processing of the application.

You can check the status of your Form I765 online. If your application for employment authorization on Form I765 is denied, you will be send a letter from USCIS stating why your application was rejected. You are allowed to request the USCIS officers to reconsider your case.

Form I765 is used even for renewal of EAD, replacement of EAD and interim EAD. If you filed your adjustment of status application on or after July 30, 2007 and have paid the application fee for Form I-485, you are not required to pay any fee while requesting for employment authorization on Form I765. If you file Form I765 separately, then you should submit a copy of Form I-797C as an evidence of filing Form I-485, application for adjustment of status.


Guest Post Author

Immigration Direct is not legal advice site, but its a place for all immigration related issues. Where in you can fill the forms on Visas, Green card Renewal, Naturalization, Student Visa, Work Visa, Tourist Visa and many more) online. We will make sure your form is 100% error free, before you submit to USCIS.

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Traveling outside US while on Green Card

There are some limitations for a Permanent resident to travel outside U.S. and return. A reentry permit will help a Permanent resident to enter into U.S. without any problem. A reentry permit is used to determine that you did not intend to abandon your status, and it allows you for admission into the United States after traveling abroad for 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance.

You need to file the I-131 form with the Re-entry permit fees to obtain a reentry permit. It is recommended that you file the I-131 form well in advance of your planned trip. Ensure that you file the I-131 form at least 60 days before your intended travel. You need to be physically present in the United States to file this form. You cannot file the I-131 form while you are outside U.S.

You do not need to file the I-131 form and get a reentry permit if you will be outside the United States for less than 1 year. If you have been outside the United States for less than 1 year, you may use your Permanent Resident Card as your travel document.

Reentry permit fees:

The Reentry permit fees is $385. It includes an application fee of $305 and a biometric fee of $80. You can pay the Reentry permit fee with a personal check, money order, or cashier’s check. Do not send cash. The check or money order must be drawn on a bank or other financial institution in the United States and must be payable in U.S. currency.

If you are filing the I-131 form at one of the USCIS Lockbox facilities and would like to receive an e-mail and/or text message that your application has been accepted, then complete a Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.

The I-131 form will not be approved in the following cases:

1)If you have already been issued a reentry permit and it is still valid.
2)If the federal register contains a notice that prohibits the issuance of re-entry permit for travel to the area where you intend to go.

Checklist of your Re-entry permit application package:

  • The I-131 form
  • The G-1145 form (optional)
  • Photographs
  • Supporting documents
  • Reentry permit fees

Assemble your application package in an orderly manner. Using a paper-clip, attach the Re-entry permit fees to the first page of your I-131 form. If you do not send the Reentry permit fees along with your application, your application will be returned. Place your supporting documents under your application. Mail your application by certified mail, certified mail or courier service and request a return receipt.Within 30 days of submitting your application to USCIS, you can expect to receive a Form I-797 Receipt Notice. This Notice is your confirmation that the USCIS has received your application and accepted it for processing. After you receive the Receipt Notice, you will receive an Appointment Notice requesting your appearance at your local Application Support Center to have your fingerprints taken.


Guest Post Author

Immigration Direct is not legal advice site, but its a place for all immigration related issues. Where in you can fill the forms on Visas, Green card Renewal, Naturalization, Student Visa, Work Visa, Tourist Visa, many more) online. We will make sure your form is 100% error free, before you submit to USCIS.

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