Jump to content
Sign in to follow this  
Dave Moseley

EAD Renewal from K1?

3 posts in this topic

Recommended Posts

Hello all, once again I require some guidance on what to do here...

My Employment Authorization Card (i-766) expires May 29th of this year. I initially applied for it at the same time as my adjustment of status from entering with a K1 fiancee visa. That AOS is still ongoing, and after 8 months of silence I just received a notice in the mail requesting some further information, so it won't be wrapping up any time soon. I obviously need to renew my work permit, and my job is chasing me up for updates so they can cover themselves.

However, I'm reading the instructions of form i-765 (which I believe is what I'm filing once again?) and I see this which worries me:

6. Family-Based Nonimmigrant Categories

1. K-1 Nonimmigrant Fiancee of US Citizen or K-1 Dependant --(a)(6) File form I-765 if you are filing within 90 days from the date of entry. This EAD cannot be renewed.

Is there another form I'm supposed to issue for a renewal in this case? Do I disregard this line because of the length of time my AOS has taken? And will there be an additional cost to renew even though I am still in the process of applying for AOS?

Thanks once again for all the assistance!

Share this post


Link to post
Share on other sites

EAD renewal is FREE!



See here: http://www.uscis.gov.../i-765instr.pdf top of page 8 (this is in the filing fee section) it says for "renewal EAD" if you're filing under category C9 (which is what a pending AOS is) then there's no fee.



USCIS recommends you file for renewal documents 120 days before your current documents will expire.



In short, you should file for a renewal AP and EAD immediately.



Done with K1, AOS and ROC

Share this post


Link to post
Share on other sites

You are misunderstanding your EAD. A K-1 is entitled to an EAD - under the A-6 code - just by virtue of being an K-1 after PoE. Given that you have to pay the application fee, wait ~90 days for it to be processed, and the fact it will only be valid for 90 days from PoE, this makes it essentially worthless.

What you have is an EAD based on a pending adjustment of status application, under the category code C-9. This EAD (and AP) can be renewed as many times as you need it to, at no charge each time.

USCIS recommends that you file for renewal documents 120 days before your present documents will expire. Applying now means you may not have your renewals approved by May, and would need to take an unpaid leave of absence from the day your present EAD expires to the day your new EAD was in your hands.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×