Question about EAD application

[TomLena 0]

Lena and I have recently married after she's arrived on her K1 visa. We are in the process of getting her AOS paperwork together and have been advised to also apply for an EAD at the same time - since, if the AOS gets held up for any reason, at least we'll probably have her EAD so that she can get her driver's license and work here in Florida.

Lena got an I-94 stapled into her passport when she arrived via JFK airport. On it is a stamp that says "Employment Authorized" with the date hand-written of May 09, 2007. At the beginning of the I-765 application are the choices for the reason for application... among those are "Permission to accept employment", "Renewal of my permission to accept employment", and a few others. Is our application considered to be a 'renewal'? If this is the case (and an EAD is required) - is the I-94 also the EAD that we need to provide a copy of?

Thanks

[ready4ONE 5,400]

My fiance also got the stamp when she came through JFK, and we have the same question about how to answer that on the I-765.

We are going to also apply for the AOS and EAD at the same time, but technically she already has a temp EAD via the stamp on her I-94, so for us that seems to be a renewal of an EAD not a new EAD... Her's won't expire until July and she is already working. Her Social Security card indicates she can work as well, with authorization from Homeland Security.

Good question. "Renewal of my permission to accept employment" seems to be the correct choice...

I have done a draft of all of the forms for this stage, and for I-765 checked the first box PERMISSION TO ACCEPT EMPLOYMENT. But you are correct, both of our fiance's are technically asking to renew work authorizations...

Edited April 9, 2007 by ready4ONE

[rebeccajo 14]

No it is not a renewal. What you received at JFK was a temp stamp. The question being asked on the form is if you are filing for renewal of an EAD issued via an I765 petition.

[ready4ONE 5,400]

No it is not a renewal. What you received at JFK was a temp stamp. The question being asked on the form is if you are filing for renewal of an EAD issued via an I765 petition.

Got it, ok thanks Rebecca!

[Yodrak 7]

rebeccajo,

Points of clarification:

- the EAD that comes as a result of the I-765 application is also a temporary. It will expire just as the EAD stamp will.

- the EA stamp is based on (a)(6), as would be an EAD from an I-765 submission prior to AOS submission. The EA that comes from submitting an I-765 concurrent with or after applying for AOS is based on ( c)(9). It's the different basis for the EA that makes it not a renewal.

Yodrak

No it is not a renewal. What you received at JFK was a temp stamp. The question being asked on the form is if you are filing for renewal of an EAD issued via an I765 petition.