Expedited EAD renewal AFTER expiration

[bdglen 31]

Hi fellow VJ'ers, I'm in a bit of a pickle.  My husband applied and was approved for an EAD/AP combo card based on a K1 visa (C)(9) filed in conjunction with the I-485 AOS. My husbands EAD/AP expired on February 11,2021. We have not filed for a renewal because we had no plans to travel or seek employment before his Adjustment of status I-485 was adjudicated.. We had the in person interview on February 26, 2021 and anticipated no problems. (first mistake). He applied for a job in December of 2020, but because of Covid-19  and other problems, we never heard anything from his potential employer until  March 5, 2021 when they offered him the position starting on March 8, 2021,  So now my husband with his expired EAD card was told that he cannot be hired, BUT, the employer was willing to give him some time to get an extension or renewal.

 

We immediately called USCIS and were told to file a new I-765 and request a renewal and expedited extension.  We filed the I-765 with a letter requesting a letter of temporary extension that we can give the employer while we wait for the renewal to process.  And our fingers are crossed.  USCIS has received the packet, but no receipt number has been posted on our USCIS account, and we have as yet not received and I-797C notice.   I'm freaking out because I'm not sure I have done everything necessary to get a renewal or temporary extension in a timeframe fast enough to suit the employer.  Does anyone have advice, suggestions or questions that might help me speed the process up? I'm really afraid that because the original EAD/AP has expired, they may not grant an extension and force the whole issue to be a totally new renewal.  This is a really great job opportunity and I'd really hate to think we messed up so badly that he will lose it.

 

Talk to me...😬

thanks

[HRQX 4,145]

8 minutes ago, bdglen said:

I'm really afraid that because the original EAD/AP has expired, they may not grant an extension and force the whole issue to be a totally new renewal.

He must wait until either the renewal is approved or the GC is issued. The expired one will not be extended because the renewal was NOT timely filed: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-documents-eads-in-certain-circumstances "The filing date (the date USCIS received the application) appears in the Received Date field. This date should be on or before the “Card Expires” date on the EAD."

[bdglen 31]

11 minutes ago, HRQX said:

He must wait until either the renewal is approved or the GC is issued. The expired one will not be extended because the renewal was NOT timely filed: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-documents-eads-in-certain-circumstances "The filing date (the date USCIS received the application) appears in the Received Date field. This date should be on or before the “Card Expires” date on the EAD."

This is what I was afraid of....I'm wondering if anyone has advice on how to help expedite the GC or get around the EAD expiration if the employer is willing to write a job offer letter?

[HRQX 4,145]

26 minutes ago, bdglen said:

and expedited extension.

Don't ask for expedited "extension" but do ask for expedited approval of I-765. Use the job offer letter for the expedite attempt: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

Edited March 9, 2021 by HRQX