Renewal EAD early in 6 months

[Gingerlatte 0]

Hi all,

I have been visiting this site for a while but this is the first time posting here. I have a quick question about renewal my EAD but I should tell you guys a bit more about my longgg story& journey.

My question is : Can I apply for renewal EAD 6 months before expiration date??

I guess that I am very lucky person!!! I submitted my application for AOS, EAD and I-130 together since March 2007. Had Biometrics taken. I then received email about the approval notice for EAD on June 14,2007.

It said my EAD card is mailed on June 22. I was waiting for my card since then ( I always contacted USCIS Customer Service and was informed to wait 45 days twice..I was waiting for about 3 months and made app. for Info Pass. I then found out later that the card was lost on the mail) They told me that the only thing I can do is to apply for replacement card by submit all documents and pay the fee again!! Well,, what can i say...I need to apply and pay $340. I sent out the application again on November, 2007.

In the mean time, I have one prospect employer that would like to hire me but they need the EAD to prove my eligibility to work in U.S. They said they can only wait another 2 weeks. I was so desperated and so depressed about my situation. I and my husband felt that not only the money that we had to spend but we spent a lot of time worry and lost my time and opportunity. I and my husband contacted my senator's office to help me speed up my replacement card process.

Finally, I got my new EAD card last week. We were so glad that it was pretty quick this time. But guess what?? When we check our card to make sure everything is correct. We found stunning info. The card expiration date is valid until June 2008. I guess that because it is a replacement card so they might approve us base on the prior approval notice which is June 14,2007. I realized that I have to renew it soon..either now or in 3 months.

I called my prospect employer telling them about the card. They are so nice, they still wait for me. I was asked to come to the office with my EAD card. They asked to make a copy and guess what?? They said the HRs ask why does my card is expiring in Jun 2008? I told them that what I think and I have no idea why they do not use the date of the new application. I assume that it's USCIS policy because this is the replacement card.

The employer then asked me if I can process the renewal application right away. They knew that I can renew it for 90days before it expires. But!! They said if they were me, they would do it now because they do not want to take risk by hiring me without confidence that I would get my new card on time before my card is invalid.

Oh, well!! ...Just my luck

My current problem is that I heard that you can file your renewal EAD application for 90 days prior to your current EAD expiration date. But I saw the information on the USCIS website stated that

" Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires."

EAD

I therefore decided to renew my EAD card in advance. am so worried now because I am afraid the USCIS might not let me renew it now because it is too early. I would like to ask you guys opinion!! Anyone have experience about this before?? Do you have any information about this?? Your advices are appreciated!!!

Thank you so much.

[Liebi 0]

Hi there,

I have a friend who was in the very same boat. Her EAD was lost twice in the mail before she finally got it.

She did not have to pay the whole fee again though, only the Biometrics. I guess she was lucky to have found a very understanding person at the USCIS office.

With the validity of your card you are right: they calculate the 1 year from the date on where it was approved the first time. So in your case that was June 2007, that's what they go by. Was the same with my friend.

Don't you think you will receive your Greencard until June 2008? You won't need a separate EAD then.

In case you just want to be on the safe side and apply for a renewal EAD nevertheless: you are good to go to apply right now. What you heard about the 90 days timeframe does not apply for a renewal EAD, it's for lifting of conditional resident status.

[Empress of Groovy 373]

Greetings

You can apply to renew your EAD up to six months before your current one expires, but a lot of people opt not to apply that early because (1) in the vast majority of cases, the EAD is issued within 90 days, and (2) an EAD is valid for one year from the date it is approved, not when the previous one expired. There are stories on here from people who applied six months in advance to be on safe side, then received their new EADs with three months left on the previous one. Depending on when your green card is approved, applying for renewal that early could be a waste of money.

And the 90-day "rule" does apply to EAD renewals. Assuming that your application is complete--that is, you submitted everything that was needed, no RFEs or anything--if you don't have your EAD within 90 days of USCIS receiving the application, you can make an Infopass appointment to have it looked into by an officer, which often results in the card being issued within a few days. As many people on this board can attest, no one will help you unless it's been 90 days since the application was filed.

I don't know if my case was typical, but my husband's EAD renewal was just approved in a month (!!). That "six months" text on the form has caused a lot of confusion. Reapplying about 100 days in advance should be fine--the extra 10 days to make sure the application gets there.

And I don't mean to be pessimistic, but I wouldn't count on having the green card by June. It does seem that applications are being processed pretty quickly these days, but any number of things can hold up an application. We filed two years ago and are still waiting for the green card, FBI namecheck delay being the cause. You just never know!

Good luck!

[Liebi 0]

And the 90-day "rule" does apply to EAD renewals. Assuming that your application is complete--that is, you submitted everything that was needed, no RFEs or anything--if you don't have your EAD within 90 days of USCIS receiving the application, you can make an Infopass appointment to have it looked into by an officer, which often results in the card being issued within a few days. As many people on this board can attest, no one will help you unless it's been 90 days since the application was filed.

A quick clarification: When I said the 90-day rule does not apply for EAD renewals I was referring to her question wether or not USCIS might sent her application back because she applied to early. That won't happen.

Other than that I agree with you, to apply for EAD renewal 3 months before the old ones expires is what I would do as well. Although I received a RFE for my AOS my EAD was approved and sent to me within 11 weeks. That's not to bad.

[Empress of Groovy 373]

And the 90-day "rule" does apply to EAD renewals. Assuming that your application is complete--that is, you submitted everything that was needed, no RFEs or anything--if you don't have your EAD within 90 days of USCIS receiving the application, you can make an Infopass appointment to have it looked into by an officer, which often results in the card being issued within a few days. As many people on this board can attest, no one will help you unless it's been 90 days since the application was filed.

A quick clarification: When I said the 90-day rule does not apply for EAD renewals I was referring to her question wether or not USCIS might sent her application back because she applied to early. That won't happen.

Other than that I agree with you, to apply for EAD renewal 3 months before the old ones expires is what I would do as well. Although I received a RFE for my AOS my EAD was approved and sent to me within 11 weeks. That's not to bad.

Oh, right, I see.

So we're both recommending sending in the application in early March or so, but USCIS certainly would accept an application now.

[Liebi 0]

Oh, right, I see.

So we're both recommending sending in the application in early March or so, but USCIS certainly would accept an application now.

Yup, that's how it is.

Maybe she'll be lucky and receive an interview date for AOS approval before March.

But looking at your timeline I guess that's not saying much either... man, 2 years, that's a freakin' long time.

[LaL 418]

an EAD is valid for one year from the date it is approved, not when the previous one expired. There are stories on here from people who applied six months in advance to be on safe side, then received their new EADs with three months left on the previous one.

There might be often errors on this kind of situation, but my husband applied for his renewal 6 months prior to expiration, and despite it being aproved in October, it was effective the day after expiration of last years. We did highlight the expiration date on our paperwork everywhere we could and wrote up a quick note to please note the expiration date.

I would still say that applying 120 days or so prior to expiration works pretty well

Edited January 14, 2008 by LaL

[sunnyisland 0]

I agree that taking the earlier road with USCIS is probably wise.

Our current concern is the renewal EAD biometrics. We want to travel in mid June and usually file in the beginning of March since the current EAD expires in early July, but will probably file earlier because of the biometrics.

We will celebrate 3 years waiting for the FBI namecheck this summer!!

I pray we wont be gone when they ask for the biometrics!!! for the EAD.....

Any opionins on the matter???????

[slavrina 0]

I'm on 3d EAD.My second EAD was approved in 8 weeks and third one in 7. In my opinion 90 days is enough time.

[Empress of Groovy 373]

an EAD is valid for one year from the date it is approved, not when the previous one expired. There are stories on here from people who applied six months in advance to be on safe side, then received their new EADs with three months left on the previous one.

There might be often errors on this kind of situation, but my husband applied for his renewal 6 months prior to expiration, and despite it being aproved in October, it was effective the day after expiration of last years. We did highlight the expiration date on our paperwork everywhere we could and wrote up a quick note to please note the expiration date.

I would still say that applying 120 days or so prior to expiration works pretty well

We'll, I'll be! Jon's EAD arrived today, 40 days after I sent off the application, and the effective date is the expiration date of the last one! Hot damn! No complaints, but I was told by the immigration jokers that the effective date should be the date it's approved. Maybe they've changed the rules, yet again. The card expires in March 2009. Yay!

Geez, I thought I knew a thing or two about EAD renewal, and as it turns out, I don't.

Edited January 15, 2008 by AOS despair

[Gingerlatte 0]

Oh, right, I see.

So we're both recommending sending in the application in early March or so, but USCIS certainly would accept an application now.

Yup, that's how it is.

Maybe she'll be lucky and receive an interview date for AOS approval before March.

But looking at your timeline I guess that's not saying much either... man, 2 years, that's a freakin' long time.

Thank you so much guys!! all your suggestions are very informative and helpfu! However, I and my husband decided to sent out my renewal EAD applications. I should have waited until March and renew my EAD like your advices but the main reason we decide to renew early is that my employer concerns about it so much so that they urge me to renew it as soon as possible. They do not like the fact that my EAD card will be invalid in 6 months and they told me that you'll never know how long!! when you deal with them.

We didn't want to pay another $340 but..we have spent more than money in many ways....money, time, opportunity loss and happiness...So we did not want to sleep with anxiety. ( We filed all cases ourselves...so I guess..Ironically, we saved money from lawyer fee to pay USCIS..)

And actually, in doing so...I got an offer for a job yesterday !! My employer feel comfortable because I sent out my renewal application early. At least I can work now!! after have been fighting for my rights to work and dealing with my EAD card that never arrived.

Plus, I feel relieve that USCIS will accept an application now. I will keep you guys post if I hear anything from them. Can't wait till the day I get GC and go visit my parents.

Thank you!! You guys are very supportive.

[Liebi 0]

That's great Gingerlatte, congrats on the job and good luck with the Greencard and the EAD.

They won't turn your application down and, from what has been said above, maybe even issue the new EAD with a date that starts right after your old one expires, then you haven't lost anything (unless the Greencard arrives before the EAD does, but oh well, at least you can sleep well now with that EAD issue of your mind).

[AnneiyAndJacky 0]

I'm on 3d EAD.My second EAD was approved in 8 weeks and third one in 7. In my opinion 90 days is enough time.

Hi there,

Just wondering if you need to renew your driver license each time when you have a new EAD? My wife has finally received her Driver License yesterday but it's gonna expire on the same date as her EAD!? Which is on Nov 4th 2008?! I didn't expect it's gonna expire so soon in 10 months?! Is this the problem k-3 holder would usually face if the AOS is not completed or greencard is not in hand yet? She's still on her first EAD by the way. Thanks a lot