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Posted (edited)

Greetings EAD experts,

We are K1-to-AOS filers that recently got the 2-year EAD/AP C09 Combo Card (I-766/I-512) while still waiting for the AOS Green Card. Unfortunately, our local Atlanta field office is currently averaging about 32.5 months processing time.

 

The good news is that USCIS has increased the automatic EAD extension from 180-days to 540-days.

https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-andor-employment-authorization-documents-eads-in

Granted that USCIS can change things in the near future, but assuming the current rules hold, how would you answer the following questions?

 

1. To renew the EAD, when is the best "have timely filed an application to renew their employment authorization and/or EAD on Form I-765"? File 90 days before the EAD expiration date? 

 

2. Will the I-765 renewal automatically update the Combo Card? Or does the AP (I-131) need to be filed separately? Will the renewal fees (based on current fees) be $410 + $575?

 

3. If say we completed our AOS interview before the EAD expiration date, and we decided to not renew the I-765, but the AOS processing gets abnormally delayed. And we end up filing I-765 renewal anyways after the EAD expiration but in the automatic extension period, will the renewed I-797C be sufficient to show employers?

 

4. For tax filing purposes, is the EAD number ever used? We both have SSNs, and I don't see anywhere in the IRS forms to input the EAD number?

 

5. And lastly, we plan on keeping track of all our old filed documents, passport, cards, etc. But are those ever needed after getting the GC? Like show the expired Combo Card for I-751 or N-400 interviews?

 

Thanks in advance for any response.

Edited by EatBulaga
Posted
3 hours ago, EatBulaga said:

Greetings EAD experts,

We are K1-to-AOS filers that recently got the 2-year EAD/AP C09 Combo Card (I-766/I-512) while still waiting for the AOS Green Card. Unfortunately, our local Atlanta field office is currently averaging about 32.5 months processing time.

 

The good news is that USCIS has increased the automatic EAD extension from 180-days to 540-days.

https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-andor-employment-authorization-documents-eads-in

Granted that USCIS can change things in the near future, but assuming the current rules hold, how would you answer the following questions?

 

1. To renew the EAD, when is the best "have timely filed an application to renew their employment authorization and/or EAD on Form I-765"? File 90 days before the EAD expiration date? 

EAD - 180 days

3 hours ago, EatBulaga said:

2. Will the I-765 renewal automatically update the Combo Card?

No. 

3 hours ago, EatBulaga said:

 

Or does the AP (I-131) need to be filed separately?

Yes. At 120 days.

3 hours ago, EatBulaga said:

 

Will the renewal fees (based on current fees) be $410 + $575?

Renewal are free.

3 hours ago, EatBulaga said:

3. If say we completed our AOS interview before the EAD expiration date, and we decided to not renew the I-765, but the AOS processing gets abnormally delayed. And we end up filing I-765 renewal anyways after the EAD expiration but in the automatic extension period, will the renewed I-797C be sufficient to show employers?

You can't. 

Renew EAD on schedule. 

3 hours ago, EatBulaga said:

4. For tax filing purposes, is the EAD number ever used? We both have SSNs, and I don't see anywhere in the IRS forms to input the EAD number?

No.

 

3 hours ago, EatBulaga said:

5. And lastly, we plan on keeping track of all our old filed documents, passport, cards, etc. But are those ever needed after getting the GC? Like show the expired Combo Card for I-751 or N-400 interviews?

Keep everything. 

3 hours ago, EatBulaga said:

Thanks in advance for any response.

 

 
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