Should I file for an Employment Authorization Document (EAD) (Form I-765) with my green card application (Form I-485)?
Key Takeaways
- It has been reported that Murthy Law Firm advises that applying for and receiving an EAD while your I-485 (adjustment of status) is pending is generally low risk.
- Actually using the EAD to work can affect your existing nonimmigrant status (for example, F-1, H-1B), so consult an immigration attorney before you begin employment.
- An EAD (Form I-765) gives unrestricted work authorization while your I-485 is pending, but travel and status maintenance have separate rules (advance parole/Form I-131 concerns).
- The choice affects real people: EADs can provide financial relief during long processing times but may complicate employer sponsorship, travel, and future nonimmigrant options.
What Murthy Law Firm is saying
It has been reported that Sheela Murthy and senior attorneys at Murthy Law Firm say filing Form I-765 with a concurrently filed Form I-485 is a common step and that receiving the physical EAD card in the mail is generally low risk. Form I-765 is the application for an Employment Authorization Document (EAD); Form I-485 is the application to adjust status to lawful permanent resident (green card). USCIS (U.S. Citizenship and Immigration Services) will often adjudicate the I-765 while the I-485 remains pending.
Legal and practical implications
An EAD grants broad, unrestricted permission to work for any employer while valid. But Murthy’s guidance stresses a legal nuance: actually using the EAD to begin employment can change how your current nonimmigrant status is viewed. For people on status categories that require employer-specific authorization (for example, H-1B) or for students on F-1, switching to EAD-paid employment may mean you are no longer maintaining the prior status, with consequences for dependent visas, H-1B portability, or academic benefits. Travel is also separate: leaving the U.S. while an I-485 is pending generally requires advance parole (Form I-131) unless you maintain a valid nonimmigrant status that permits reentry.
What this means for applicants now
For many applicants, an EAD is a valuable safety net during often-lengthy USCIS processing times. But because the practical consequences differ by visa class, employment arrangement, and travel plans, Murthy’s attorneys recommend consulting counsel before you actually use the card to work or rely on it for long-term employment. If you are unsure how switching to EAD pay affects a sponsored petition, dependent family members, or your ability to travel and reenter the U.S., get specific legal advice tailored to your situation.
Source: Original Article