Impending Drivers License and EAD combo problem

[Duncan J Reyneke 1]

TL;DR my license is about to expire, the DMV isn't sure they can renew it without my EAD being renewed, and the EAD runs out next month. I forgot to renew it because I didn't anticipate my AOS taking a year to process and I'm freaking out.

 

Hi

 

I'm in a little bit of a bind. I'm sorry this is such a long story.

 

So we filed for my adjustment of status in February of this year and have had a nightmare of a time getting it through. No hold ups on our side but every kind of roadwork you can imagine from the USCIS. They lost my medical papers pretty early on and delayed the process by about two months. We refiled those and they went dormant for a long time.

 

After a lot of calling, we finally got the letter saying it was approved and we could expect the card within three months. After three months went by, I called and they submitted a request. A month after that they sent a letter saying the application was under review by an agent, effectively reopening it. Said to wait another month for confirmation. Waited. Heard nothing. Followed up recently (this had taken us neatly to the end of the year), and they sent another query and said to wait another month. They assure me I'll hear from them by the end of this month.

 

In the meantime, two things have come up and I'm afraid I've left then for too long. 

 

First, my driver's is about to expire (I've got one of those year long ones that come with this process). I went in last month and the guy told me to come in closer to the date it expires because, without my green card, they'll only be able to give me another year long one and I should try to get it for as close to a year from the original to maximize my time. He said they could do it with just my paperwork and marriage license and my wife's passport, on the spot. Fair enough. I went in today, with a week left on the thing, and he asked for my EAD card, which thankfully I had.

 

Then came the bombshell: he noticed I only have another month left on the thing. I completely forgot about it in the meantime because when I signed up for it they said I'd likely have my green card before ever having to renew. Obviously with all the delays, that didn't happen.

 

Now I have two problems: first, the DMV guy says I can bring in my 797 NOA for the 485 adjustment of status we filed initially. I'm going to go home and look for it because we have A MOUNTAIN of paperwork by this stage. All things being fair, it should be there, but the DMV guy says this situation is so muddled he isn't even sure if that will be enough. The EAD is my only status in the country and because that's about to expire, the only way to check if that will work is just to bring it in tomorrow and try it.

 

Joy. He have me another option: go home and, if I can, apply for the EAR renewal online. If they send me a receipt, bring that in and it should carry more weight and hopefully allow them to renew my license for another year. Once again, they won't know until they run the application tomorrow.

 

The second problem is the bigger one: my EAD may run out before I get approved for a renewal. Most online guides say to apply no later than 120 days before it runs out. I've got less than a month. I need to know what happens legally if it expires. Do I continue working in the meantime while I wait? Could I be in trouble? And what happens if it gets turned down for some unforeseeable reason? Also, do I need to spend $145 to apply ALL OVER again?

 

The USCIS has been NO help in telling me why my AOS is under review or when to expect an answer and I'm now officially running against a clock. 

 

I should have kept track of it, I just didn't expect it to run THIS long.

 

 

[Duncan J Reyneke 1]

Oh and just for clarification: my AOS is pending. I had the interview and everything was submitted. I'm reading now that an extension filed under circumstances where the AOS is pending are granted an automatic 180 day extension. This is a new regulation as of 2017. Is this true?

[Alabamak1 688]

Legally the employer has to let you go, since your EAD is no longer valid. 

 

I have never heard of AOS extension letters, either you get approved or denied for GC. What is extended is a EAD that had to be renewed, so they automatically give you 180 days in that letter. 

[Duncan J Reyneke 1]

The AOS isn't being extended, they're just reviewing my case before approving. It's in limbo right now. I'm asking about if i apply to renew my EAD super late (30 days before expiration - I forgot) if I qualify for the 180 day work permit extension given that my AOS is currently under review.

 

This is the page on the USCIS for the extension. What I'm referring to is outlined as follows:

 

Starting Jan. 17, 2017, USCIS is automatically extending certain expiring EADs for up to 180 days for applicants who:

• Properly filed for a renewal EAD before their current  EAD expired, and
• Are otherwise eligible for a renewal...

 

(c)(9)

Pending Adjustment of Status under Section 245 of the Act

 

Sorry if I was confusing in my outline

[Greenbaum 12,259]

3 hours ago, Duncan J Reyneke said:

Oh and just for clarification: my AOS is pending. I had the interview and everything was submitted. I'm reading now that an extension filed under circumstances where the AOS is pending are granted an automatic 180 day extension. This is a new regulation as of 2017. Is this true?

USCIS provides a free service called InfoPass that allows customers to schedule an appointment with USCIS through the internet. [3] Whenever possible, customers or their representatives who reside in the United States (domestically) should use InfoPass to schedule appointments if they would like to discuss their cases in person at their local USCIS field office. Customers and their representatives may also use InfoPass to cancel or reschedule appointments.

 

https://my.uscis.gov/appointment

 

Customers residing overseas should review the International Immigration Offices overview page to determine which office has jurisdiction over their country of residence and information on scheduling appointments. They can stamp your passport with a I-551 stamp that puts you back in status and also they can give you a letter substantiating that. Of course this information about the stamp is what we did but it has been 5 years. But it would never hurt. Your still in "status" so no need worry.

[Diane and Chris 651]

My question to you is, why did you think your AOS would be approved so quickly?  Having filed in February is not that terribly long ago. We waited 15 months. 

[little immigrant 801]

File a EAD renewal. Attach a copy of your I-485 NOA. You'll receive a letter with an automatic 180 day extension. 

[Ryan H 3,812]

Moved from K1 Progress Reports to Adjustment of Status from K Visas Progress Reports.