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JessLWB

EAD Renewal while I-485 pending help? (merged)

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My husband and I were married in July of 2015. He overstayed an H2B visa so we retained a lawyer to file all necessary paperwork to forgive the overstay and adjust his status. His case was filed April 2016. We had an awful time with processing time being well beyond the quoted time for his EAD card. I had to spend hours and hours on the phone (the lawyer did not!). We filed with our local congressman's office, USCIS told them the same thing they told us, to continue to wait. MANY requests for status later USCIS finally (reluctantly) put me in touch with an immigration officer who was able to locate his case and give me some answers. At this point, my husband had been out of work for 9 months and living on one income is difficult! We finally got his EAD card the following week, the last week of August. We were then advised that our next communication would be for our interview date in November. We heard nothing. December, nothing. End of that month I contacted our attorney to ask what was going on, she had no answers and told me she would go to the office here and ask. After going there, no answers. January, same thing. Filed a request for status update, advised 30 days.. then told that the office that has my husbands case never got a request for status and to file again. We have requested the assistance of the State Senator's office, and will be filing with the congressmans office again but the lawyer continues to say that this wont speed up the process. We have been waiting for a very long time, now my husbands EAD card is set to expire in July, which should never have been an issue because he should have his green card by then! Our lawyer wants us to file for an extension/renewal of his EAD but says even if we file now, we may not have it by July. If this is the case my husband will lose his job, a job he waited a very long time just to get because of the previous EAD issues! The lawyer also wants to charge us to file this renewal, even though it is free. We have already paid her a pretty significant amount and she has not been real helpful throughout this process other than sending the application over night, and again charging us extra for this. We have provided ample evidence, and have offered to provide more if there is a request.. there isn't. Husband has no criminal record. Can anyone offer ANY advice at all? We are at a loss, expecting baby number 2, frustrated, no one has answers, no one knows anything, wondering what we have paid for.. were coming up on a year here. Please Help!

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My husbands EAD card is going to expire in July and we need to get it renewed as USCIS is far overdue on processing time for I-485 and there is no word if this is complete prior to his EAD expiring. Can anyone advise what forms are needed to submit this renewal? What other documentation is required? Our lawyer wants to charge us to file this paperwork but she has not been helpful thus far so we would like to file on our own rather than paying them for more.

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www.uscis.gov always has copies of the most recent editions of forms available. 

 

File for the renewal EAD yourself 120 days before the current document will expire. If you haven't received the new EAD before the current document expires then there is now an automatic 180 extension (https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension). 

 

You should also contact the CIS Ombudsman (https://cisomb.dhs.gov/oca/form7001.aspx) to see if they can find out what the status is on his main I-485 application. 

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

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i765 with a copy of NOA 1 for pending 485. 


Pkg Sent:9/13/16


Received at Chicago Lock box: 9/16/16


Received Texts: 9/30/16


NOA1 Received: 10/4/16 : Receipt Date of 9/19/16


Bio Appt letter Received: 10/12/16


Bio Appt completed: 10/24/16


Card in production: 11/17/16


Combo Card received 11/25/16

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Just check the form. You'll see that on the first page, the first item, there's a box you can check if it's a renewal application. You're filing under category (c)(9). No fee required.

The instructions are a bit of a maze (lawyers help with that) but read carefully and you can figure it out.

 

Good luck!

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