My wife AOS is still pending. Her work permit is about to expire within 45 days. I read the I-765 instruction, It said she can not apply for renew of employment permit until her AOS is decided. Is my understanding correct? I would like to help her apply for work permit now. Can she renew her work permit while her AOS is still pending? Please help

I think you misunderstood the form.

You are free to apply for a renewal under the same category as your original card (you have been eligible to apply for the last 45 days - 90 days before the card expires). The category you use makes the card an interim benefit until AoS is adjuciated. It would be a bit silly for them to not allow you to renew the card because they are taking their time.

Be sure to read the instructions for I-765 - http://www.uscis.gov/files/form/I-765instr.pdf

There is no use for the EAD once the AOS application is adjudicated & approved. Also - once your EAD expires you are no longer work authorized. Apply now - perhaps you will be lucky - but evidence shows you will probably be about 2 months without authorization to work (as they generally take 90 days to approve)





One can apply for the renewal up to 6 months in advance per the instructions, not 90 days.


Edited to add - wait - you have DCF listed in as your visa/method. That would indicate you are married. Is this accurate? If not - what visa did you enter on?

HI thanks for all help,
ONe more question, when I renew the EAD, what code should I use? ©(9) for K1? please advise

Hi one more question,
What code should I use on I-765 for K1? Is that ( C ) ( 9)? please advise

Yes, use the same category used when you filed for the EAD originally. For a K1 spouse then it's ©(9)

Yes