EAD application

[psv57 88]

First time I'm trying to do the EAD application on my own without help from lawyer.

Just want to make sure I did it right from other's experiences...

I485/AOS/Employment based filed in 2007 and getting EADS since then, renewed every year/two years...

This is for a renewal EAD. Last one issued in 2010, so expires end of July 2012. (2 yrs validity).

Got married to US citizen husband and now have an approved I130 and trying to convert I485 employment to marriage (it's doable...have looked into it and based on lawyers and USCIS...lesser known process..so no new I485 filed). USCIS is working on the I485 conversion and I expect them to transfer to local field office for interview....hopefully soon.

Time to renew EAD.

Questions:

1) supporting documents: Copy of last EAD, copy of I485, passport photos, check for USCIS (380?). Should I include copy of marriage cert and I130 approval?

2) I want to make sure new EAD is in my married name. Should I include a cover letter and include copy of I130 approval and marriage cert? This way I can work on changing my social security number...I can never figure out what to change first, my status or social security...

3) On questions 1...your family name, I put my married name and in 2) other names, I put my maiden name

4) question 14, status of last entry, I put "paroled/adjustment of status" as I entered that time last using an advance parole and they put paroled on my I94 card.

5) question 15, current immigration status...."pending adjustment of status)?

6) should I include a cover letter explaining my situation that I am in process of requesting a conversion of my pending I485 from employment to marriage and want my new EAD in my married name?

Please advise....my first time doing this myself. I'm getting tired of my lawyer on many levels and plus paying for lil things like this.

Thank you.

[Harpa Timsah 13,258]

1. EAD is free when based on a pending I-130/I-485. I am not sure how your EAD filed in a different category would size up here; if it has not yet been converted to family based. If it is a new category, C9, then it is actually a new card, not a renewal.

2. Fill it out in your married name and include a copy of the marriage cert as proof of name change.

3. Yes.

4. Fine.

5. Should be H1B or whatever visa you have, even if expired.

6. I would explain the conversion part, but not the married name part. As I said, this is a new card, not a renewal.

I am not sure how or when a pending I-485 in a different category can be converted. These answers are based on a pending I-485 for family. I am not sure if yours qualifies yet, or when that happens, or if you are able to avail yourself of the C9 category. Good luck.

[psv57 88]

1. EAD is free when based on a pending I-130/I-485. I am not sure how your EAD filed in a different category would size up here; if it has not yet been converted to family based. If it is a new category, C9, then it is actually a new card, not a renewal.

2. Fill it out in your married name and include a copy of the marriage cert as proof of name change.

3. Yes.

4. Fine.

5. Should be H1B or whatever visa you have, even if expired.

6. I would explain the conversion part, but not the married name part. As I said, this is a new card, not a renewal.

I am not sure how or when a pending I-485 in a different category can be converted. These answers are based on a pending I-485 for family. I am not sure if yours qualifies yet, or when that happens, or if you are able to avail yourself of the C9 category. Good luck.

Thanks for response Harpa.

My past EADs are also in c9 category based on pending adjustment of status...so that doesn't change although the underlying basis of the adjustment has changed from employment to marriage. So where they ask on what basis, that still remains as c9, so it will be a renewal...as they also ask if you applied before, when, and if granted/denied...

Besides USCIS will not acknowledge that my conversion has gone through and that I485 is now based on family. It's one of those lesser known processes that leaves you in limbo until you get interviewed and then they just give you GC based on family and at some point take you out of the employment queue. I don't think they ever cancel you out of employment until you get interviewed. It's one of those vague unknown USCIS processes. So in all, I am going to hold on to my I485 is pending based on employment and we've requested USCIS to convert, but are awaiting their decision. Wish they would acknowledge it in some way then I can say the same...they don't.

My H1 is long gone...since 2007. Never renewed and I traveled out and came back solely on basis of pending I485, adjustment after that....so not sure I can put that as my current immigration status. I no longer work for that employer etc...all that long moved on....

sometimes it's just easier to pay lawyers and i'm so tempted....

[psv57 88]

Also now questioning where to file...I see if it's marriage based it's at Chicago but if it's employment based it can be dallas or phoenix (based on where you live). I'm assuming I file at dallas since I'm at NY and as far as I know it's still employment based since there is no confirmation from USCIS that they converted?

[Harpa Timsah 13,258]

Oh, I see. Tricky indeed. I thought the old EADs would have been in a different category.

I know your old visa is long gone, but neither EAD holder nor AOS-applicant are real statuses. I am not sure that question really matters for this, since you are not getting an EAD based on your visa status.

Sorry I couldn't be of more help, best of luck.

Edited April 14, 2014 by Harpa Timsah