Family-based immigration CA Jun 9, 2026

My U.S. citizen spouse is petitioning my green card — can I work while it is pending?

Asked by Sample A. · 👁 593 views · 💬 1 answer

The question

I'm on a B-2 visa right now (entered legally) and my U.S. citizen spouse just filed an I-130 for me. We're planning to file the I-485 adjustment soon. Can I start working in the U.S. while my green card application is pending? My current job is willing to wait but they need to know roughly how long.

Instant legal information

Generated by AI (claude-opus-4-7). Reviewed for general accuracy. Not legal advice.

When you file Form I-485 (Application to Register Permanent Residence) you may concurrently file Form I-765 (Application for Employment Authorization). USCIS generally issues a combo card (EAD + advance parole) about 4–8 months after biometrics, though times vary by service center. You should not begin paid employment until you physically receive the EAD. Working without authorisation can be treated as a status violation. This is legal information, not legal advice. For advice on your specific case, consult a verified immigration attorney.

Cited

  • Form I-765: USCIS — Application for Employment Authorization
  • 8 CFR § 274a.12(c)(9): EAD eligibility for adjustment applicants

1 attorney answer

  • MC

    Maria Castañeda

    Verified attorney · CA · 4 days ago

    Bar verified · CA
    Filing the I-765 concurrently with your I-485 is the standard path. A few notes from cases I see weekly: (1) write "c)(9)" as the eligibility category on the I-765, (2) keep proof of legal entry (I-94) and your marriage documentation organised because USCIS sometimes asks for them at biometrics, (3) hold off on starting work until the physical card arrives — an approval notice in your USCIS account is not enough. Processing currently averages 5–7 months for combo cards. If you have a job lined up, ask them to confirm the start date can flex by a month or two.
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