Preparing renewal for EAD - Already employed

[QuoteTheBear 0]

Hey there,

 

Quick question for everyone, since I seem to be getting the run around for my husband. We currently both work for the same company, and we JUST found out his EAD is set to expire on April 21st, 2017. Notttttttttttt good, and since then I have been rushing to get the documents needed for this renewal, and the fee of $495. Now here's the question, since the darn USCIS website is confusing me as I'm doing this. We have our AOS pending, and my husband thinks we should just wait for that to be accepted. I told him no, and that it's better we just pay the renewal and get it because we don't know how long this AOS green card will be pending..

 

Anyone have any tips? Or ideas of what I might need? Some website says we need passport photos, some says we need to pay the biometrics fee again, some say we don't need to pay a fee at all since we have a pending AOS and we can just file online, but I have no idea where to find the link.

 

Any help would be amazing, as I work 12 hours a day, 7 days a week, it's hard to find the time to sit down and search for these things.

 

Thank you!

[DrEllaNJ 288]

I don't quite understand how you "JUST" find out it's expiring in April, isn't the expiration date on the card? I'm guessing your husband is adjusting from some type of work visa (like J-1 or L-1)? 

 

Anyway, here's what I would do.

 

You are now applying for an EAD based on pending i-485 application (so not really renewing his old one as that one is tied to his visa). Download the form (https://www.uscis.gov/i-765) and fill it out as a new application. For the basis, put category (c)(9) - pending AOS application.

 

There is a question where it asks if you've had an EAD before, so give all the info about his current expiring one.

 

Add all the required info (passport photos, copy of passport), and especially a copy of his current (expiring) EAD. Also, add a copy of your NOA1 for the i-485 application so that you don't have to pay the fees.

 

Once you get the NOA for this application, you can put in a service request to expedite it based on severe financial loss. Currently, they take about 90-100 days to process the i-765.

[QuoteTheBear 0]

1 hour ago, DrEllaNJ said:

I don't quite understand how you "JUST" find out it's expiring in April, isn't the expiration date on the card? I'm guessing your husband is adjusting from some type of work visa (like J-1 or L-1)? 

 

Anyway, here's what I would do.

 

You are now applying for an EAD based on pending i-485 application (so not really renewing his old one as that one is tied to his visa). Download the form (https://www.uscis.gov/i-765) and fill it out as a new application. For the basis, put category (c)(9) - pending AOS application.

 

There is a question where it asks if you've had an EAD before, so give all the info about his current expiring one.

 

Add all the required info (passport photos, copy of passport), and especially a copy of his current (expiring) EAD. Also, add a copy of your NOA1 for the i-485 application so that you don't have to pay the fees.

 

Once you get the NOA for this application, you can put in a service request to expedite it based on severe financial loss. Currently, they take about 90-100 days to process the i-765.

Hey there!

 

I actually just found out because my husband failed to notify me, and I did not see the card before he threw it in his wallet. So, my bad on that part! He is adjusting from an F-1 Student Visa.

 

Question, for the NOA - Would that be a NOA for form 797c? Or Request for Additional Evidence?

[DrEllaNJ 288]

Is he eligible for STEM extension? In that case, he may want to consult with his school International office for advice.

 

In any case, the NOA is the one (I-797) that advises you your i-485 form is under consideration.  You have to prove that you don't have to pay the fee since you have an AOS petition in progress.

 

With the supporting documents, don't forget to also include a copy of his I-20 (with OPT authorization), and a copy of his F1 visa, and of his most recent entry stamp, plus a copy/printout of the most recent I-94, in addition to the documents already mentioned. Include a cover letter that details all the documents you're including.

 

If you got an RFE, you absolutely should submit the I-765 as it will take even longer to get the I-485 approved.