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Wait for GC or reapply for EAD?

By baniners in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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baniners Apprentice

baniners   2

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Filed: K-1 Visa Country: Canada
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Hi everyone,

So a few months ago I was preparing to file the renewal application for my husband's EAD/AP card, and right when I was about to mail it in we got our notice for the green card interview. For some reason I hadn't thought of the wait time between the interview and receiving the green card, so I didn't bother to work on the renewal anymore, since I thought he would probably get his card soon.

 

It has been a month since the interview now and I just realized that the wait may be longer than I expected. I don't know why I thought it would arrive sooner rather than later (probably a little too optimistic about the interview). The EAD expires mid January and I'm not sure if I should just try to wait it out for the GC or just apply for the renewal. 

 

Thoughts?

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Georgia16 Mentor

Georgia16   2,858

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Filed: Citizen (apr) Country: Denmark
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If he is working then you need to apply for the renewal sooner than later.

 

Also if he drives most DMW has the expiration of the EAD on the DL until the GC comes so if he needs to renew that he will also need a new EAD for that. 

 

 

 

 

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geowrian Grand Master

geowrian   22,336

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Filed: Lift. Cond. (pnd) Country: Philippines
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Was the I-485 actually approved and you're just waiting for the physical card to arrive? Or did you interview and they haven't formally approved it yet (not just stated approved at the interview)?

 

The reason I ask is because if the I-485 was approved then you are an LPR already and therefore don't qualify for an EAD. You would need an I-551 stamp instead.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Georgia16 Mentor

Georgia16   2,858

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Filed: Citizen (apr) Country: Denmark
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1 minute ago, geowrian said:

Was the I-485 actually approved and you're just waiting for the physical card to arrive? Or did you interview and they haven't formally approved it yet (not just stated approved at the interview)?

 

The reason I ask is because if the I-485 was approved then you are an LPR already and therefore don't qualify for an EAD. You would need an I-551 stamp instead.

I saw it as the interview was only scheduled but now I see what you are saying. The interview has already taken place! 

 

 

 

 

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baniners Apprentice

baniners   2

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Filed: K-1 Visa Country: Canada
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  • Author
Posted
11 minutes ago, geowrian said:

Was the I-485 actually approved and you're just waiting for the physical card to arrive? Or did you interview and they haven't formally approved it yet (not just stated approved at the interview)?

 

The reason I ask is because if the I-485 was approved then you are an LPR already and therefore don't qualify for an EAD. You would need an I-551 stamp instead.

The interview took place, however it was not officially approved. The officer took a picture ID and fingerprints and said they will run a background check, and if nothing comes up we should receive the physical card in the mail. Will they update the myUSCIS case status if it is approved? Would they send a letter of approval first?

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geowrian Grand Master

geowrian   22,336

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted
1 minute ago, baniners said:

The interview took place, however it was not officially approved. The officer took a picture ID and fingerprints and said they will run a background check, and if nothing comes up we should receive the physical card in the mail. Will they update the myUSCIS case status if it is approved? Would they send a letter of approval first?

Gotcha. So it sounds like you are good to send the renewal.

 

Generally both the legacy case tracker and/or myUSCIS websites will update to show when the case is approved and again when the card is produced. Sometimes it doesn't update, though.

They will mail an approval notice as well.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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JoJoJoJo Community Regular

JoJoJoJo   170

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10 hours ago, baniners said:

The interview took place, however it was not officially approved. The officer took a picture ID and fingerprints and said they will run a background check, and if nothing comes up we should receive the physical card in the mail. Will they update the myUSCIS case status if it is approved? Would they send a letter of approval first?

This is pretty much my situation as well. My interview was more than three weeks ago...

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C90 Rising Star

C90   376

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Filed: AOS (apr) Country: Netherlands
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Posted

You have to send in the renewal asap. Since it's gonna take a while he's gonna get an automatic renewal for his EAD for 180 days if he qualifies (what he prob does). https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension <--- all the info

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  • 2 weeks later...
baniners Apprentice

baniners   2

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Filed: K-1 Visa Country: Canada
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  • Author
Posted

Thanks everyone! We actually got the approval notice last week, and the physical green card came in yesterday. I guess that means we won't need to apply for a renewal after all!

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