Do I need to reapply for my EAD?

[Isabella_NZ 54]

Hi everyone! 

 

I am still waiting for an appointment from USCIS regarding my green card and I'm concerned about my EAD which runs out at the end of the year.

 

I have a feeling I'm not going to get my green card before it runs out so do I need to apply for my EAD again?? 

[geowrian 22,335]

You need to renew the EAD if it expires and you plan to work after the expiration.

There is an automatic 180 day extension if you file a proper renewal application before expiration: https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

 

Edit: Note that no fee is required. Send a copy of the I-485's NOA1 (receipt notice) in lieu of payment.

Edited June 25, 2018 by geowrian

[Isabella_NZ 54]

On 6/25/2018 at 11:30 AM, geowrian said:

You need to renew the EAD if it expires and you plan to work after the expiration.

There is an automatic 180 day extension if you file a proper renewal application before expiration: https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

 

Edit: Note that no fee is required. Send a copy of the I-485's NOA1 (receipt notice) in lieu of payment.

So i just send the same form as before with a copy of the I-485's NOA1 and thats all?

[geowrian 22,335]

26 minutes ago, Isabella_NZ said:

So i just send the same form as before with a copy of the I-485's NOA1 and thats all?

I believe the form has been updated since you first applied, so don't send the same exact form. But the same information applies for a renewal. Send that plus a copy of the I-485's NOA1.

[Isabella_NZ 54]

1 minute ago, geowrian said:

I believe the form has been updated since you first applied, so don't send the same exact form. But the same information applies for a renewal. Send that plus a copy of the I-485's NOA1.

What about the passport photos and all that jazz?

 

[Isabella_NZ 54]

4 minutes ago, geowrian said:

I believe the form has been updated since you first applied, so don't send the same exact form. But the same information applies for a renewal. Send that plus a copy of the I-485's NOA1.

And the form i just downloaded from USCIS website states it expires 02/28/2018 so would that be the correct one? I dont see an updated one anywhere else.

[geowrian 22,335]

9 minutes ago, Isabella_NZ said:

What about the passport photos and all that jazz?

They're still needed.  I'll also refer you to the I-765 instructions (https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf), page 13 (my emphasis in bold):

"Assemble the documents in the following order:

1. Your application with the filing fee. See the What Is the Filing Fee section for details.

2. If you are mailing your application to USCIS, you must also submit:

A. A copy of Form I-94, Arrival-Departure Record (front and back), if available. If you are filing Form I-765 under the (c)(9) category, Form I-94 is not required.

B. A copy of your last EAD (front and back). If no prior EAD has been issued, you must submit a copy of a government-issued identity document, such as a passport showing your picture, name, and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/ or fingerprint. The identity document photocopy must clearly show the facial features of the applicant and the biographical information. If you are filing under the (c)(33) category, additional documentation beyond what you submit under Item 3., What Documents Do You Need to Provide to Prove Identity, of the filing instructions for Form I-821D, Consideration of Deferred Action for Childhood Arrivals, is not required.

C. You must submit two identical color photographs of yourself taken within 30 days of filing your application. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

 

The passport-style photos must be 2” by 2”. The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1” to 1 3/8” from top to bottom of chin, and eye height is between 1 1/8’ to 1 3/8” from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious order of which you are a member. Using pencil or felt pen, lightly print your name and Alien Receipt Number on the back of the photo"

 

5 minutes ago, Isabella_NZ said:

And the form i just downloaded from USCIS website states it expires 02/28/2018 so would that be the correct one? I dont see an updated one anywhere else.

That's the OMB expiration date. USCIS accepts and processes forms based on the Edition Date in the lower left corner. The current I-765 has an edition date of 07/07/17.

[Isabella_NZ 54]

18 hours ago, geowrian said:

They're still needed.  I'll also refer you to the I-765 instructions (https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf), page 13 (my emphasis in bold):

"Assemble the documents in the following order:

1. Your application with the filing fee. See the What Is the Filing Fee section for details.

2. If you are mailing your application to USCIS, you must also submit:

A. A copy of Form I-94, Arrival-Departure Record (front and back), if available. If you are filing Form I-765 under the (c)(9) category, Form I-94 is not required.

B. A copy of your last EAD (front and back). If no prior EAD has been issued, you must submit a copy of a government-issued identity document, such as a passport showing your picture, name, and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/ or fingerprint. The identity document photocopy must clearly show the facial features of the applicant and the biographical information. If you are filing under the (c)(33) category, additional documentation beyond what you submit under Item 3., What Documents Do You Need to Provide to Prove Identity, of the filing instructions for Form I-821D, Consideration of Deferred Action for Childhood Arrivals, is not required.

C. You must submit two identical color photographs of yourself taken within 30 days of filing your application. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

 

The passport-style photos must be 2” by 2”. The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1” to 1 3/8” from top to bottom of chin, and eye height is between 1 1/8’ to 1 3/8” from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious order of which you are a member. Using pencil or felt pen, lightly print your name and Alien Receipt Number on the back of the photo"

 

That's the OMB expiration date. USCIS accepts and processes forms based on the Edition Date in the lower left corner. The current I-765 has an edition date of 07/07/17.

Thank you! 

 

Can you also tell me on the form it is asking what my current immigration status is? I'm a bit confused, do I still enter K1 visa holder? Or something different now I have my work permit? 

 

Q. 19 on the form 

[little immigrant 800]

I would put K1

 

I just went through the renewal myself. 

[geowrian 22,335]

Agreed...K-1 visa holder is fine. You technically are out of status (but in a period of authorized stay), but most people tend to list K-1 without an issue.