EAD Extension

[Momoo 2]

Hi everyone, 

 

I have a question about EAD when adjusting status from F1 OPT EAD to i-485 EAD. A little background: I'm currently on OPT. I have a job but my EAD will expire on July 2. I will be applying for AOS, which mean I will also apply for a new EAD. I stumbled upon this link https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension. It says that USCIS is automatically extending certain expiring EADs for up to 180 days for eligible applicants. And I will be eligible for this extensions because I will be under category c9. Does this mean that I can continue working pass July 2 because of this automatic extension, until I receive the new EAD? What kind of documents do I need to provide to my company to confirm that I can continue working?

 

Thank you

[irishoxford 38]

Your OPT category (C03B/C03C) would need to be the same as the AOS category (C9) in order to be allowed that 180-day extension.  I'm in pretty much exactly the same predicament.  There's no auto extension provision for OPT ---> I-485.  If I'm somehow wrong, please someone correct me.  

Do I think there should be some provision right now for such an extension, given everything?  Sure!  Will USCIS do it?  Don't know yet.  The easiest solution would have been to have auto-extended all EADs for 180 days, but they haven't decided to do that so far.  There have been bills floated in Congress to try to do it (from Rep. Grace Meng, for example), but I don't know what's become of that.     

In short, I'd get your AOS packet out as soon as possible, but it's highly unlikely that you'll have a new EAD by July without expediting post-biometrics. 

J

Edited April 29, 2020 by irishoxford

[Momoo 2]

Thank you for the answer. But wouldn't I be under AOS category (c9) as soon as I file my AOS packet, instead of OPT category?

[irishoxford 38]

2 minutes ago, yomomo said:

Thank you for the answer. But wouldn't I be under AOS category (c9) as soon as I file my AOS packet, instead of OPT category?

See the highlighted text below:

"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, 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)."

[Momoo 2]

Ah that makes sense. Thank you for helping

[irishoxford 38]

I'm sorry to be the bearer of bad news on this.  This could of course change in the next few weeks if USCIS decide to address it (they do have a couple of provisions for mismatching codes), but I wouldn't bank on them doing that.  

The other potential problem is that you're not really filing for an EAD renewal through your I-765.  You'll be moving into a different category (the following from the I-765 instructions): 

"Initial EAD: An EAD issued to an eligible applicant for the first time under a specific eligibility category.
Renewal EAD: An EAD issued to an eligible applicant after the expiration of a previous EAD issued under the same category."

Edited April 29, 2020 by irishoxford