Need to re-apply EAD

[Mike_Marivic 0]

We applied for my EAD 05/26/2007 before we got married now we are beginning to gather the papers we need for the AOS process. Now the lawyer said we shouldn't have applied for EAD without the AOS because they wouldnt' even pay attention to that, we sent also a check for the payment of the process along with the application, now we are thinking that we should cancel that since we are going to apply again for a new one. What's confusing is that if they are not going pay any attention or not going to process that first EAD application why would they cash the check? Do we need to cancel the check and apply for another EAD when we send the application for the AOS or wait til we hear anything from that first application and just apply for AOS for now? Or can we call the Service Center where we sent the EAD application to know the status if we have to send a new one or just consider that one since we are about to start the Adjustment of Status anyway?

Thank you for any help.

[LaL 418]

you *can* apply for your EAD prior to sending AOS under a(9), but it will only be valid until your I94 expires. Most people skip this, file AOS & EAD together. If you want the year long EAD - you will have to apply under c(9) with your AOS.

[Kez/JWolf 6]

They will not ignore your EAD application, they will process it and it will be issed with an expiry date the same as your I-94 (90 days after your entry).... by the time you get it it will be out of date or only have a week or two to run.... you will not be able to get your money back....

Kez

[irishpete 0]

you *can* apply for your EAD prior to sending AOS under a(9), but it will only be valid until your I94 expires. Most people skip this, file AOS & EAD together. If you want the year long EAD - you will have to apply under c(9) with your AOS.

You must file your EAD and AOS concurrently. If you were not married (assuming you are an immigrant marrying a US citizen) when you filed there would be no basis for granting employment authorization. I would call the USCIS national service center and discuss alternatives to receive a refund. Go to USCIS.gov then contact us. The NCSC number is listed there. Good Luck

[LaL 418]

you *can* apply for your EAD prior to sending AOS under a(9), but it will only be valid until your I94 expires. Most people skip this, file AOS & EAD together. If you want the year long EAD - you will have to apply under c(9) with your AOS.

You must file your EAD and AOS concurrently. If you were not married (assuming you are an immigrant marrying a US citizen) when you filed there would be no basis for granting employment authorization. I would call the USCIS national service center and discuss alternatives to receive a refund. Go to USCIS.gov then contact us. The NCSC number is listed there. Good Luck

in bold is only accurate if you are filing c(9). you can apply for your ead prior to AOS but it will only be good until the expiration of the I94 and would be under category a(6). see my above explanation.

[Yodrak 7]

irishpete,

No, I-765 does not need to be filed concurrently with I-485. It can also be filed before I-485 under category (a)(6) as lal_brandow states, or it can also be filed any time after I-485 under category ( c)(9).

Yodrak

you *can* apply for your EAD prior to sending AOS under (a)(6), but it will only be valid until your I94 expires. Most people skip this, file AOS & EAD together. If you want the year long EAD - you will have to apply under c(9) with your AOS.

You must file your EAD and AOS concurrently. If you were not married (assuming you are an immigrant marrying a US citizen) when you filed there would be no basis for granting employment authorization. I would call the USCIS national service center and discuss alternatives to receive a refund. Go to USCIS.gov then contact us. The NCSC number is listed there. Good Luck

Edited June 5, 2007 by Yodrak