EAD RENEWAL with AOS

[norcal_56 0]

My K-3 Visa holder spouse filed for EAD only when she first came to the USA ( because we

had not yet decided if we were going to stay in the country)

Now we are doing the AOS package and the EAD is also up for renewal.

Can I submit the Renewal EAD with the AOS package and not have to pay

the EAD fee ?

Will the EAD Renewal for some reason take longer time ?

[payxibka 10,048]

The original EAD was filed under category A ( 9 ) (for a K-3)... I believe if you file for a renewal under the same category you will need to pay... However, if you file for a new EAD under C ( 9 ) which is based on an adjustment of status application (I-485) the fee is inclusive in the $1,010 fee...

So do not file for a renewal but for a new one this time under the different category....

[Aarti Hartfield 0]

I cant help you on the time frame for a renewal, but when you file for EAD with the AOS, I would imagine that you would check the box that states renewal and not pay the fee. If a fee is necessary, i am pretty sure they will send out another letter for request of fee. I had great help calling the 1-800 number whenever i had a question, I would advice you to do the same about the fee.

I would think that they time would be the same though, as long as you send copies of her current EAD!

Hope this helps in some way!

Good luck!

[payxibka 10,048]

Category A ( 9 ) is not listed as a fee waived category for a renewal. If you submit an application without a fee and a fee is required, or with an improper fee payment, the entire application will be returned with a request for proper fee payment.

Per the instructions:

Renewal EAD: If this is a renewal application and you are applying under one of the following categories, a filing fee is not required:

1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;

3. (a)(11) Deferred Enforced Departure; or

2. (a)(10) Granted Withholding of Deportation;

4. ( C )( 1 ), ( C )(4), or ( C )(7) Dependent of certain foreign government, international organization, or NATO personnel;

Edited November 12, 2008 by payxibka