Legal Question in Immigration Law in California

I485 pending, I765 expiring. Allowed to work while waiting for my I765 renewal?

Hi

I have a pending I485 application. My I765 is expiring in beginning of march this year and I have filed for it this week, mid January.My attorney has told me that even though I might not get the renewal in time, I am in no danger continue working after my I765 expires. The pending I485 entitles me to these circumstainces. As I have heard various verions on this one, I would like to have your opinion. My job is at stake and I dont want to make the wrong move. Does the I485 pending entitle me to these circumstances as long as I renew it ahead of time, before expiration?

Please let me know,

Thank you.


Asked on 1/17/03, 3:52 pm

3 Answers from Attorneys
Anja Freudenthal Immigration Law Office of Anja Freudenthal

Re: I485 pending, I765 expiring. Allowed to work while waiting for my I765 renew

You mentioned you have an attorney... why not contact him regarding your questions?

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Answered on 1/17/03, 4:06 pm
Larry L. Doan Law Office of Larry L. Doan

Re: I485 pending, I765 expiring. Allowed to work while waiting for my I765 renew

Actually, the answer depends upon your basis for filing the I-485. If you are an immediate relative to the petitioner (i.e., spouse, parent or child), or if section 245i of the law was used (paid $1,000 penalty), then working with expired I-765 is no big deal. If it is an employment-based case and 245i was not used, and if you're in unlawful status for more than 180 days total(including periods of unauthorized employment), under one interpretation of the law, it could be a problem. However, I don't think the INS will likely follow that interpretation.

Liem Doan, Esq.

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Answered on 1/18/03, 10:53 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: I485 pending, I765 expiring. Allowed to work while waiting for my I765 renew

From practical standpoint your attorney is probably correct, the INS might not do anything about it. However, from legal perspective, he/she is not corect. The law is clear. You should not work if you are not authorized. As your work permit clearly states on its face the dates of your authorized work duration. What if your request is denied? Then both the employer and you will be in violation.

Therefore, I'd suggest that you or your attorney go to INS on Monday morning and demand a response to your renewal request. My $.02

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Answered on 1/18/03, 11:01 pm


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