Expiring EAD while filing for AOS

[LloydMartin505 0]

Ok so here is the case ... 

-I have TPS and an EAD (Haiti) that will both expire on 07/22/2017. 

-I am plannig on sending in an AOS packet along with the i-765 for a new EAD on 06/10/2017. 

-I have 2 options: 1) Renew my TPS and request a new EAD for $500 OR 2) File the AOS and be considered in status while my application is being processed, and receive an EAD for free since I am filing the i765 along with the i-485 

-looking at this page of the USCIS website: 
https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension 
It looks like I should be fine, time wise, as it states that my EAD should automatically be extended if I file for Adjustment of Status as a category (c)(9). is this correct?? 

I am concerned about a lapse. It seems like the TPS processing time is way faster than if I got an EAD through AOS. 

Am i ok to just file for AOS and NOT renew my TPS? Any advice would be appreciated. I can do both but I would like to save myself $500 if possible. Thank you! :-)

[Jojo92122 1,924]

Your EAD will not be automatically extended.  That only happens if you renew it under the TPS.

 

With an AOS, you are filing for a new EAD based on the AOS.  It will take 4 months.

[LloydMartin505 0]

1 minute ago, Jojo92122 said:

Your EAD will not be automatically extended.  That only happens if you renew it under the TPS.

 

With an AOS, you are filing for a new EAD based on the AOS.  It will take 4 months.

Hi! 

So by sending in the application, I wouldn't be safe to work until I receive that ead? Will that lapse be bad? 

[Jordan8768 107]

As long as you file before you go out of status then you will be fine. However the EAD will not automatically renew as the above states. 

[Jojo92122 1,924]

No EAD = not authorized to work.  So, yes, the lapse will be bad because you will not be legal to work.

[Jojo92122 1,924]

If you stick with the EAD under TPS, then you can get an automatic extension.  

 

When you apply for something new like AOS through a USC spouse, then it's new so there is nothing to renew.  This will not auto extend the EAD you got under TPS.

 

Read this.  https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

 

No match = no good.

• Are otherwise eligible for a renewal, which means that:
  • Your EAD renewal is under a category that is eligible for an automatic 180-day extension (see the list of categories below); and
  • The Category on your current EAD matches the “Class Requested” listed on this Notice of Action.  (Note:  If you are a TPS beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other).

[LloydMartin505 0]

3 hours ago, Jordan8768 said:

As long as you file before you go out of status then you will be fine. However the EAD will not automatically renew as the above states. 

Thank you so much for the advice! I really appreciate it! 

3 hours ago, Jojo92122 said:

If you stick with the EAD under TPS, then you can get an automatic extension.  

 

When you apply for something new like AOS through a USC spouse, then it's new so there is nothing to renew.  This will not auto extend the EAD you got under TPS.

 

Read this.  https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

 

No match = no good.

• Are otherwise eligible for a renewal, which means that:
  • Your EAD renewal is under a category that is eligible for an automatic 180-day extension (see the list of categories below); and
  • The Category on your current EAD matches the “Class Requested” listed on this Notice of Action.  (Note:  If you are a TPS beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other).

Ok! This makes perfect sense. I really appreciate your help in understanding this! 

[LloydMartin505 0]

3 hours ago, Jojo92122 said:

No EAD = not authorized to work.  So, yes, the lapse will be bad because you will not be legal to work.

Gotcha! Thank you for the help!! :-) 

[Jordan8768 107]

33 minutes ago, LloydMartin505 said:

Gotcha! Thank you for the help!! :-) 

No problem, mate! Hope it was helpful! If you have anymore questions do not hesitate to ask!

 

hope it all goes well for you!