Renewal of I-131

[Ben14563 0]

Hi All,

 

My wife is still waiting on her green card interview (been almost a year) and her Advance parole and EAD is going to expire in March. We are wanting to renew it but it's pretty confusing as how exactly to do that. I want to make sure I understand what we need to do correctly. From my understanding within 90 days before they expire we need to submit a new application with a copy of her I-131 receipt, and a copy of her I-131. Also from my understanding we don't have to pay the fee again since it's a renewal. 

 

Is this correct? Do we need to submit the same evidence for the I-131 as when we first applied for it? 

 

Thanks in advance for the help.

[HRQX 4,145]

54 minutes ago, Ben14563 said:

From my understanding within 90 days before they expire we need to submit a new application

No. You can file earlier than that. You can file I-765 within the 180 days before expiration and can file I-131 within the 120 days before expiration. So to file I-131 together with I-765, wait until you are within the 120 days.

Edited October 5, 2020 by HRQX

[SalishSea 17,850]

1 hour ago, Ben14563 said:

Also from my understanding we don't have to pay the fee again since it's a renewal. 

Yep, that is correct.

[Ayrton 965]

7 hours ago, HRQX said:

No. You can file earlier than that. You can file I-765 within the 180 days before expiration and can file I-131 within the 120 days before expiration. So to file I-131 together with I-765, wait until you are within the 120 days.

When you file the 131 with the 765, you can file both at 180 days before it expires.

[Ayrton 965]

7 hours ago, Ben14563 said:

Hi All,

 

My wife is still waiting on her green card interview (been almost a year) and her Advance parole and EAD is going to expire in March. We are wanting to renew it but it's pretty confusing as how exactly to do that. I want to make sure I understand what we need to do correctly. From my understanding within 90 days before they expire we need to submit a new application with a copy of her I-131 receipt, and a copy of her I-131. Also from my understanding we don't have to pay the fee again since it's a renewal. 

 

Is this correct? Do we need to submit the same evidence for the I-131 as when we first applied for it? 

 

Thanks in advance for the help.

 

You can file for both as early as 180 days before it expires. You fill out both forms and send pretty much the same stuff. You can always check the instructions to see what required documents they ask for.

 

You said "pay the fee again". You shouldn't have paid for your first combo card. Those are free when filed with AOS, and you pay the AOS fee. The same applies to the renewals.

Edited October 5, 2020 by Ayrton

[HRQX 4,145]

3 hours ago, Ayrton said:

When you file the 131 with the 765, you can file both at 180 days before it expires.

Do you have a more recent USCIS source that supersedes the following? https://www.uscis.gov/archive/uscis-to-issue-employment-authorization-and-advance-parole-card-for-adjustment-of-status-applicants-0 "If you decide to file for this card by filing Forms I-765 and I-131 simultaneously, do not apply more than 120 days before your current EAD expires."

[Ayrton 965]

52 minutes ago, HRQX said:

Do you have a more recent USCIS source that supersedes the following? https://www.uscis.gov/archive/uscis-to-issue-employment-authorization-and-advance-parole-card-for-adjustment-of-status-applicants-0 "If you decide to file for this card by filing Forms I-765 and I-131 simultaneously, do not apply more than 120 days before your current EAD expires."

The link you sent is from 2011, when the EAD renewal could only be applied no earlier than 120 days. And at the top has a note that says its outdated.

 

Since they changed the requirements for the EAD to 180 days, AP is also accepted at the point if both are filed together.

 

I also filed my renewal back in July at 175 days. Both forms were accepted. Some people in the September 2019 post also filed at 180 and already got their combo card renewal approved.

[HRQX 4,145]

20 minutes ago, Ayrton said:

Since they changed the requirements for the EAD to 180 days, AP is also accepted at the point if both are filed together.

Link to official USCIS policy?

20 minutes ago, Ayrton said:

The link you sent is from 2011, when the EAD renewal could only be applied no earlier than 120 days. And at the top has a note that says its outdated.

"The information on this page is out of date. However, some of the content may still be useful, so we have archived the page."

[Ayrton 965]

3 minutes ago, HRQX said:

Link to official USCIS policy?

"The information on this page is out of date. However, some of the content may still be useful, so we have archived the page."

There's no updated FAQ on the USCIS that says you can apply with 180 days. But the information you posted is outdated because at that time, not even EAD renewal could be filed at 180 days. In 2011 EAD renewals were only accepted after the 120 days mark. So it wouldn't make sense to have AP filed before that.

 

When they changed the requirements for EAD to 180 days, they also started accepting AP if filed together at this point. You can ask every single person that applied at the 180 days mark on the forum and no one was rejected for that. Including myself.

 

Here are also an immigration lawyer confirming that both can be filed at 180 days.

 

www.mintz.com/insights-center/viewpoints/2806/2020-01-international-travel-advance-parole-document#:~:text=Renewal of an Advance Parole Document&text=However%2C if the application for,the EAD%2FAP Combo Card.

 

 

[HRQX 4,145]

20 minutes ago, Ayrton said:

You can ask every single person that applied at the 180 days mark on the forum and no one was rejected for that. Including myself.

Then it's pure luck. I tried combo card renewal (filed I-131 and I-765 concurrently) in 2019 within the 180 days but before the 120 days and I-765 was accepted but I-131 was rejected.

[Ayrton 965]

8 minutes ago, HRQX said:

Then it's pure luck. I tried combo card renewal (filed I-131 and I-765 concurrently) in 2019 within the 180 days but before the 120 days and I-765 was accepted but I-131 was rejected.

Maybe you were the one out of luck. 🤣🤣

 

Anyway. There's nothing preventing OP to send it at the 180 days mark. Based on everyone that filed recently, it will be accepted. 

 

If it gets rejected, her EAD will be renewed and they can apply for AP separately at 120 days.