EAD - C8 or C9

[Prezan 0]

Hello everyone,

 

My husband entered on F-1 visa and due to several hardships could not complete his study program; due to issues that arose back in his home country traveling back became an issue and he filed for asylum.  We met about a year after he filed for asylum and married a little over a year later.  We have submitted an I-130/I-485 packet for him to adjust status.  However, before getting married his status was F-1 visa, lawfully present (because of the asylum case).  When we filed the I-130/I-485 packet we did not include the I-765 EAD, because he already had it based on previous status.

 

Now he is about 120 out from EAD expiration so we are filing the renewal.  From everything I read, he would not apply for I-765 with the adj to status packet we filed because its not a "net-new" EAD application.  I understood the EAD renewal would have to be filed under his C8 status (asylum/pending asylum) and NOT C9 married based.  We are working on the renewal now and are confused if we should use the C8 or C9 category. 

 

Has anyone been in this situation before and can help advise?  I really appreciate it.

 

Timeline:

8/2016 - Entered US with F-1 Visa

11/2016 - Filed for Asylum (still pending)

09/2017 - EAD (based on Asylum case, C8 Category) approved

10/2018 - Married

2/2019 - I-130/I-485 packet sent to USCIS (received and pending)

4/2019 - EAD renewal needs to be sent but not sure to file under C8 (asylum based) OR C9 (married based)

 

[Villanelle 4,122]

You can ONLY renew EADS in the same category it was issued. You can not transfer a category c08 to a c09. If it was issued as C08 and needs to be renewed then it would be renewed as a C08. If you want a C09 card you have to apply for it from scratch. Using the wrong category for a renewal will cause the renewal to get denied. 

[Boiler 45,486]

This shouts Lawyer, not a DIY situation.