How Long Can I Keep the Progressive I-765 Application?

Understanding the lifespan of your progressive I-765 application is crucial for maintaining legal work authorization in the United States. This article will guide you through the complexities of the I-765 form, its processing times, and how long you can retain a progressive application before needing to reapply.

Understanding the I-765 Form and Its Purpose

The I-765, Application for Employment Authorization, is the form used by eligible non-citizens to request permission to work in the U.S. This could be due to various circumstances, including pending asylum applications, student status, or other eligible non-immigrant classifications. Knowing the nuances of this form is essential for anyone seeking employment authorization.

Processing Times for I-765 Applications: What to Expect

Processing times for I-765 applications can vary significantly depending on several factors, including the USCIS service center handling your case and the specific category under which you are applying. Currently, processing times can range from a few months to over a year. It’s vital to check the USCIS website for the most up-to-date processing time estimates.

How Can I Check My I-765 Application Status?

You can check the status of your I-765 application online through the USCIS Case Status Online tool. Simply enter your receipt number to access the latest updates on your case.

How Long is a Progressive I-765 Application Valid?

A “progressive” I-765 application doesn’t have a defined validity period in the same way an approved Employment Authorization Document (EAD) does. The term “progressive” generally refers to an application that is still under review by USCIS. While your application is being processed, you do not have work authorization unless you have a previously valid EAD based on the same eligibility category.

What Happens If My I-765 is Still Pending After a Certain Time?

If your I-765 application remains pending beyond the expected processing time, you can contact USCIS to inquire about the delay. In certain circumstances, you may need to consider reapplying, especially if your previous EAD has expired and you need to maintain continuous work authorization. Consult with an immigration attorney for advice on the best course of action.

Reapplying for Employment Authorization: Key Considerations

If your current EAD is expiring or has expired, and your I-765 is still pending, you may need to reapply to maintain your work authorization. Reapplying involves submitting a new I-765 form with updated information and supporting documentation.

Conclusion

Understanding the timeline and process for I-765 applications is essential for anyone seeking employment authorization in the United States. While a “progressive” application doesn’t have a set validity period, it’s crucial to monitor processing times and reapply as needed to ensure continuous work authorization. Remember to consult the USCIS website for the most current information and seek professional guidance if necessary.

FAQ

1. How can I find the current processing times for I-765 applications? (Check the USCIS website for up-to-date processing times.)
2. Can I work while my I-765 application is pending? (Not unless you have a previously valid EAD based on the same eligibility category.)
3. What should I do if my I-765 application is taking longer than expected? (Contact USCIS to inquire about the delay.)
4. When should I reapply for employment authorization? (If your current EAD is expiring or has expired, and your I-765 is still pending.)
5. Where can I find the I-765 form and instructions? (On the USCIS website.)
6. What is a receipt number and how do I find it? (It’s a unique number assigned to your case when you file your application; it’s on your receipt notice.)
7. Can I expedite my I-765 application? (Yes, under certain circumstances, but you must meet specific criteria and provide supporting evidence.)

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