Applying for EAD with i485 on process

[Alberto20 0]

Hello buddies:

 

Here’s the thing, my wife is on process for i485 adjustment status, she went to the fingerprints appointment on november last year and her status according to USCIS is just Fingerprint was received, so this next November her EAD it’s about to expire and we’re kinda struggling with this application because we’re not 100% sure if she has to pay a fee for renewal while her I485 it’s on progress.. 

 

any thoughts?

 

plus if you guys don’t mind can you just mention the docs that she needs to file for this application?

 

thanks

[Scandi 3,970]

She can file for an EAD renewal for free, as long as she has a pending i-485 and show proof of that she won't have to pay anything. She files for a new EAD the same way she did last time. Also add the paper that came along with her EAD card, the paper that says she needs to send it in if she needs to renew her card, it has her info on it and can speed things up in getting a new card.

[Merrytooth 5,748]

You should also file EAD at least 90 days before it expires.

 

If you do not get your EAD renewal approved in time, when your current card expires you no longer have to stop working.

 

USCIS automatically extends the EAD for up to 180 days for properly filed EAD renewal before current  EAD expired

 

https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

[milkypoochie 3]

11 minutes ago, Merrytooth said:

You should also file EAD at least 90 days before it expires.

 

If you do not get your EAD renewal approved in time, when your current card expires you no longer have to stop working.

 

USCIS automatically extends the EAD for up to 180 days for properly filed EAD renewal before current  EAD expired

 

https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

Depends on what kind of renewal.  For EAD from OPT to c9, it is classified as a renewal but since they are different basis for EAD, the 180 days extension does not apply. The 180 days extension only applies to renewal of same type of EADs. So when it expires, you can't work till the new one comes in.  Which is where I'm at now...

[Alberto20 0]

9 minutes ago, milkypoochie said:

Depends on what kind of renewal.  For EAD from OPT to c9, it is classified as a renewal but since they are different basis for EAD, the 180 days extension does not apply. The 180 days extension only applies to renewal of same type of EADs. So when it expires, you can't work till the new one comes in.  Which is where I'm at now...

She’s an Asylee, USCIS granted her the status, does it make any difference?

28 minutes ago, Merrytooth said:

You should also file EAD at least 90 days before it expires.

 

If you do not get your EAD renewal approved in time, when your current card expires you no longer have to stop working.

 

USCIS automatically extends the EAD for up to 180 days for properly filed EAD renewal before current  EAD expired

 

https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

Definitely we keep that in mind, thanks

[milkypoochie 3]

2 hours ago, Alberto20 said:

She’s an Asylee, USCIS granted her the status, does it make any difference?

Definitely we keep that in mind, thanks

If her current EAD is based on her Asylee status and she applied to renew her EAD based on marriage (or whatever non-asylee status she is adjusting to), the it is essentially two different classes of EAD. Thus, the 180 days extension period will not apply when her current EAD expires.

 

If you read the EAD extension requirements carefully (as Merrytooth has provided the link), there is an additional requirement that "the Category on your current EAD matches the “Class Requested” listed on this Notice of Action", which means the two EADs must be of the same class (based on same category).  The only exception is if your wife has a temporary protection status, which I don't think she does because you said she is an asylee.