EAD Automatic Extension - Relation to I-94

[Andew_YeeHa 0]

My position is as follows:

 

1. Original EAD expires 7/31/2019 

2. Filed for a new EAD prior to 7/31 - accepted with notice I-797C - where stipulates under my immigration category C9 and filing in timely manner that a automatic extension is granted for 180 days. 

3. Green Card interview - mail in updated medical and interviewer said would release green card 

4. Sent in new medical as requested. Notice of receipt issued and updated online - stating received correspondence and will mail if we need more information. 

 

With the above being said - I checked my I-94 and currently it expires on 7/31/2019 which is the end of my original EAD. 

 

If my new EAD card was issued I assume my I-94 would update to that next extension date?

 

So now all I have is my EAD notice  I-797C notice stating this extends my current EAD for 180 days if meeting the criteria for automatic extension which is a yes in my situation. 

 

Is there any extra step needed as for as work continuation? Do I need my current employer to fill in form I-9? or that is unnecessary?

 

[arken 4,197]

You want to have your employer update your I9. 

 

[junkmart 320]

1 hour ago, Andew_YeeHa said:

With the above being said - I checked my I-94 and currently it expires on 7/31/2019 which is the end of my original EAD. 

 

If my new EAD card was issued I assume my I-94 would update to that next extension date?

I do not think that your I-94 is extended, but I could be wrong and am curious what more seasoned members advise. Once it expires, you are in a period of authorized stay by virtue of filing for green card.

[Andew_YeeHa 0]

Yes pending state in c9

[eckoin 211]

I-94 is your record of entry and the validity of the status on which you entered. It never gets modified, unless they made an error and you ask them to correct it. 

 

But I'm unclear on why your EAD expires on the date your I94 expires. Under which status did you enter the US? What is the category of the EAD which expires on 7/31?

[Andew_YeeHa 0]

Entered on a l-1, then moved to the EAD, l1 i did not renew

[eckoin 211]

8 minutes ago, Andew_YeeHa said:

Entered on a l-1, then moved to the EAD, l1 i did not renew

OK, and the EAD is based on marriage I assume? C9 could mean a number of things. 

[Andew_YeeHa 0]

Yes marriage

[eckoin 211]

13 minutes ago, Andew_YeeHa said:

Yes marriage

OK, so if I have this right 

 

- you entered on an I status

- you applied for AOS based on marriage, and EAD based on AOS 

- you received the AOS EAD, and you're working on that EAD. It just happens to, completely coincidentally, expire when your I94 expires. 

- you applied to renew that EAD before it expires 

 

If so, your I94 will not be updated; it's for entries to the country, and you entered on I status that's valid until they determined for it to be valid. 

 

After that status expires, and you've applied for adjustment of status, you don't have a status; you have legally authorized stay, and work authorization via EAD, but no status. Your status is, "waiting for status". 

 

You need to let your employer know that you have an automatic extension on your AOS EAD, and give them a copy of the I797. They'll do with it what they want. 

 

I'm just still unclear on how your AOS EAD, valid for one year, happens to be valid until exactly your I94 I status expiry. A coincidence is fine, but the reason I ask, is to confirm that you don't have multiple EADs mixed in together. 

[arken 4,197]

What is the basis of your existing EAD? 

If your soon to expire EAD is based of I-1 (that would clarify why EAD expires the day i94 expires) and you applied for AOS EAD this time, it does not extend the existing EAD by 180 days. Only if your existing EAD is also based on AOS filing and you have now filed for its renewal, then it gets extended by 180 days. 

[Andew_YeeHa 0]

Correct - EAD tied to the AOS category C9.