Renew of work permit

[sarakong 0]

My wife AOS is still pending. Her work permit is about to expire within 45 days. I read the I-765 instruction, It said she can not apply for renew of employment permit until her AOS is decided. Is my understanding correct? I would like to help her apply for work permit now. Can she renew her work permit while her AOS is still pending? Please help

[RaTBoX 1]

I think you misunderstood the form.

You are free to apply for a renewal under the same category as your original card (you have been eligible to apply for the last 45 days - 90 days before the card expires). The category you use makes the card an interim benefit until AoS is adjuciated. It would be a bit silly for them to not allow you to renew the card because they are taking their time.

Be sure to read the instructions for I-765 - http://www.uscis.gov/files/form/I-765instr.pdf

[LaL 418]

My wife AOS is still pending. Her work permit is about to expire within 45 days. I read the I-765 instruction, It said she can not apply for renew of employment permit until her AOS is decided. Is my understanding correct? I would like to help her apply for work permit now. Can she renew her work permit while her AOS is still pending? Please help

There is no use for the EAD once the AOS application is adjudicated & approved. Also - once your EAD expires you are no longer work authorized. Apply now - perhaps you will be lucky - but evidence shows you will probably be about 2 months without authorization to work (as they generally take 90 days to approve)

I think you misunderstood the form.

You are free to apply for a renewal under the same category as your original card (you have been eligible to apply for the last 45 days - 90 days before the card expires).

One can apply for the renewal up to 6 months in advance per the instructions, not 90 days.

Edited to add - wait - you have DCF listed in as your visa/method. That would indicate you are married. Is this accurate? If not - what visa did you enter on?

Edited May 7, 2008 by LaL

[sarakong 0]

My wife AOS is still pending. Her work permit is about to expire within 45 days. I read the I-765 instruction, It said she can not apply for renew of employment permit until her AOS is decided. Is my understanding correct? I would like to help her apply for work permit now. Can she renew her work permit while her AOS is still pending? Please help

ONe more question:

Thank you. Please help me if the code I should use is : ©(9) for K1 category for I-765?

[sarakong 0]

HI thanks for all help,

ONe more question, when I renew the EAD, what code should I use? ©(9) for K1? please advise

[sarakong 0]

Hi one more question,

What code should I use on I-765 for K1? Is that ( C ) ( 9)? please advise

[RaTBoX 1]

Yes, use the same category used when you filed for the EAD originally. For a K1 spouse then it's ©(9)

[RaTBoX 1]

Yes