MUST READ! Automatic Employment Authorization Document (EAD) Extension

[UScitizenFilingforspouse]

https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

[longee94]

I don't think all of those catagories apply to many people given the requirements explicity state "The Category on your current EAD matches the ?Class Requested? listed on this Notice of Action." So, my interpretation is that it does not apply to those (like myself) who are adjusting from a prior work authroization (H1B, L1, F-1 OPT). Correct me if my interpretation is incorrect.

[UScitizenFilingforspouse]

I don't think all of those catagories apply to many people given the requirements explicity state "The Category on your current EAD matches the ?Class Requested? listed on this Notice of Action." So, my interpretation is that it does not apply to those (like myself) who are adjusting from a prior work authroization (H1B, L1, F-1 OPT). Correct me if my interpretation is incorrect.

Am I spoiling you guys too much? Hmmm...
Did you know this information existed? You didn't. If you find it useful, fantastic. I ran into several posts of folks who have been waiting for their interviews for so long that their EADs are soon to expire. They are/were concerned their renewal application won't be approved on time. This post is for them.

However, this post also applies to you, by the way. However, your field office is Raleigh, NC and you will have your green card before your EAD/AP is processed. Regardless of what visa you had before, if you married a US citizen and adjusted status based on that, that's the basis of your adjustment. I looked at your first post and you filed I-130 & I-130A. Therefore, you are likely adjusting through marriage or at lest the immediate relative category. Your category is (c)9.

By placing this piece of information here on this forum, I am hoping others in need will see it in the future. They will look up their category and then realize there is no need to agonize about the EAD expiring because they get an automatic extension.

[longee94]

Am I spoiling you guys too much? Hmmm...
Did you know this information existed? You didn't. If you find it useful, fantastic. I ran into several posts of folks who have been waiting for their interviews for so long that their EADs are soon to expire. They are/were concerned their renewal application won't be approved on time. This post is for them.

However, this post also applies to you, by the way. However, your field office is Raleigh, NC and you will have your green card before your EAD/AP is processed. Regardless of what visa you had before, if you married a US citizen and adjusted status based on that, that's the basis of your adjustment. I looked at your first post and you filed I-130 & I-130A. Therefore, you are likely adjusting through marriage or at lest the immediate relative category. Your category is (c)9.

By placing this piece of information here on this forum, I am hoping others in need will see it in the future. They will look up their category and then realize there is no need to agonize about the EAD expiring because they get an automatic extension.

Please forgive me, I think you misinterpreted the purpuse of my post [which is understandable given one can not accuratly convey tone through text]. I was not questioning the legitimacy of your post, or suggesting that the current policy is effects so few people as to be rendered redundent. I fully support your effots to plactate those who, like myself, are agonizing about the EAD expiration and a gap in the ability work. I do sincerly appologize if you felt that I was being rude or suggestign your post was meaningless.

The point I was trying to convey was that my understanding of the policy is that it only covers those who are adjusting status in certian curcumstances. My reading of the policy is that if you are adjusting out of a prior work authroization [H1B, L-1, F-1 OPT etc], then you do not recieve the automatic 180 day extension and thus must wait for CIS to issue a new EAD.

[UScitizenFilingforspouse]

Please forgive me, I think you misinterpreted the purpuse of my post [which is understandable given one can not accuratly convey tone through text]. I was not questioning the legitimacy of your post, or suggesting that the current policy is effects so few people as to be rendered redundent. I fully support your effots to plactate those who, like myself, are agonizing about the EAD expiration and a gap in the ability work. I do sincerly appologize if you felt that I was being rude or suggestign your post was meaningless.

The point I was trying to convey was that my understanding of the policy is that it only covers those who are adjusting status in certian curcumstances. My reading of the policy is that if you are adjusting out of a prior work authroization [H1B, L-1, F-1 OPT etc], then you do not recieve the automatic 180 day extension and thus must wait for CIS to issue a new EAD.

It?s all good. Tone does get lost

over the written word and it?s hard to tell. I apologize for misunderstanding your message. Glad we cleared it up.
So, the way I understand this is that even if you are adjusting status from F-1 or H1B, you still apply for a new EAD. I?m sure you noticed on the I-765 application that you had several options to select from - renewal was one of the options. If you?re F-1 for example, you likely have an EAD. When you adjust status and apply for your EAD through your I-485, you select the first box. *Request permission to accept employment. You?re not renewing the EAD you got through your F-1, H-1B or L-1. Even if your work status is valid, if you marry a US citizen and adjust through your spouse, your category is (c)9. And (c)9 is on the list. So you qualify for the automatic extension.
Sometimes people have two I-485s pending; One through employment and one through marriage. typically, they?ll withdraw the I-485 through work because it?s just faster to do it through marriage.
When adjusting through marriage your visa becomes somewhat irrelevant because immediate relatives do not have to worry about falling out of status or overstaying. You can maintain your status if you?d like or not.
Did I explain that better? I understand that you have a work visa but the basis of your adjustment is marriage to a US citizen.

[newacct]

The automatic extension is for people who are renewing their EADs, so for example, for people whose I-485 has been pending for more than a year, and their first 1-year EAD has expired, they can continue working while waiting for the EAD renewal, as long as they have filed the renewal before the old EAD expired. There have been a few people like that on here, and I have tried to inform them that they can work.

It doesn't help people who are just waiting a long time for their initial I-485 EAD. The wait for EADs is pretty long nowadays, often 5 or 6 months, and if the people had an existing work status that expired during this time, they cannot work until they get their initial I-485 EAD.

[Hluu67]

The automatic extension is for people who are renewing their EADs, so for example, for people whose I-485 has been pending for more than a year, and their first 1-year EAD has expired, they can continue working while waiting for the EAD renewal, as long as they have filed the renewal before the old EAD expired. There have been a few people like that on here, and I have tried to inform them that they can work.

It doesn't help people who are just waiting a long time for their initial I-485 EAD. The wait for EADs is pretty long nowadays, often 5 or 6 months, and if the people had an existing work status that expired during this time, they cannot work until they get their initial I-485 EAD.

Hi. My case is similar but my initial Ead was not based on I-485, it is based on Opt with F-1 Student Visa. I am working and my current EAD expires on 6/27/18. I do have a pending I-485 and there is no interview notice yet. Does this automatic extension work with this case? Do i need to apply for the renewal Ead?
Please help me. Thank you so much.

[ember]

Confusing

It?s all good. Tone does get lost

over the written word and it?s hard to tell. I apologize for misunderstanding your message. Glad we cleared it up.
So, the way I understand this is that even if you are adjusting status from F-1 or H1B, you still apply for a new EAD. I?m sure you noticed on the I-765 application that you had several options to select from - renewal was one of the options. If you?re F-1 for example, you likely have an EAD. When you adjust status and apply for your EAD through your I-485, you select the first box. *Request permission to accept employment. You?re not renewing the EAD you got through your F-1, H-1B or L-1. Even if your work status is valid, if you marry a US citizen and adjust through your spouse, your category is (c)9. And (c)9 is on the list. So you qualify for the automatic extension.
Sometimes people have two I-485s pending; One through employment and one through marriage. typically, they?ll withdraw the I-485 through work because it?s just faster to do it through marriage.
When adjusting through marriage your visa becomes somewhat irrelevant because immediate relatives do not have to worry about falling out of status or overstaying. You can maintain your status if you?d like or not.
Did I explain that better? I understand that you have a work visa but the basis of your adjustment is marriage to a US citizen.

I found this explanation a bit confusion, let me see if I can clear it up.

You qualify for the automatic extension if you are applying for renewal of the EAD *in the same category* as before. So, if you are F1 OPT and you get married and file an I-485 and need to renew your EAD, you do NOT get an automatic extension because you are switching categories.

If you file an I-485 and get an EAD in the c9 category and your adjustment of status takes longer than one year and you need to renew your EAD, you get an automatic extension because you are staying in the same category.

Here is the wording from USCIS: "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)."

So - Look at your current EAD. Look at your application. If (1) the categories on both match AND (2) the category is listed on the USCIS website as being eligible AND (3) you filed for a renewal before your current EAD expired, you get the automatic extension.

[azblk]

Hi. My case is similar but my initial Ead was not based on I-485, it is based on Opt with F-1 Student Visa. I am working and my current EAD expires on 6/27/18. I do have a pending I-485 and there is no interview notice yet. Does this automatic extension work with this case? Do i need to apply for the renewal Ead?
Please help me. Thank you so much.

No you need to be in the same category. You can however request your i-485 based EAD be expedited to avoid work interruption/financial hardship due to you OPT EAD expiring while i-485 pending. You also want to act quickly because it still takes a while to expedite.

[Hluu67]

No you need to be in the same category. You can however request your i-485 based EAD be expedited to avoid work interruption/financial hardship due to you OPT EAD expiring while i-485 pending. You also want to act quickly because it still takes a while to expedite.

Thank you so much. I just request expidite for my I-765 with the same thing you said today T.T
Should i do once again for I485?

[Hluu67]

No you need to be in the same category. You can however request your i-485 based EAD be expedited to avoid work interruption/financial hardship due to you OPT EAD expiring while i-485 pending. You also want to act quickly because it still takes a while to expedite.

My bad. I read wrong. I think you meant expidite for my I-485 based EAD which I did today. Did you mean i should expidite for i-765 or i-485. Sorry for my misunderstanding.

[boogiewoogie]

Question about this, how does it technically work?
I got my EAD in march 2018, based on 485 c9
Say i will apply for renewal in september 2018 (the 6 month mark) and say it takes them over 6 months to process my renewal.
From reading this i get an automatic extension. That's great but how can my employer verify this?
Will i get some paperwork from USCIS stating this? Will E-Verify now automatically show a new valid through date?
Just wondering.

[ember]

E-Verify Manual

Question about this, how does it technically work?
I got my EAD in march 2018, based on 485 c9
Say i will apply for renewal in september 2018 (the 6 month mark) and say it takes them over 6 months to process my renewal.
From reading this i get an automatic extension. That's great but how can my employer verify this?
Will i get some paperwork from USCIS stating this? Will E-Verify now automatically show a new valid through date?
Just wondering.

I found this: https://www.uscis.gov/i-9-central/42...-circumstances

It looks like it's in the Handbook for Employers M-274 - I guess they just write "extension" and initial it and it's good to go.

[boogiewoogie]

I found this: https://www.uscis.gov/i-9-central/42...-circumstances

It looks like it's in the Handbook for Employers M-274 - I guess they just write "extension" and initial it and it's good to go.

Thanks, thats very helpful.
Im sure i will have to use it at some point with the current rate..

[sinyanmei92]

I found this explanation a bit confusion, let me see if I can clear it up.

You qualify for the automatic extension if you are applying for renewal of the EAD *in the same category* as before. So, if you are F1 OPT and you get married and file an I-485 and need to renew your EAD, you do NOT get an automatic extension because you are switching categories.

If you file an I-485 and get an EAD in the c9 category and your adjustment of status takes longer than one year and you need to renew your EAD, you get an automatic extension because you are staying in the same category.

Here is the wording from USCIS: "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)."

So - Look at your current EAD. Look at your application. If (1) the categories on both match AND (2) the category is listed on the USCIS website as being eligible AND (3) you filed for a renewal before your current EAD expired, you get the automatic extension.

Thanks for your explaination.
My OPT F-1 EAD will expire on 08/15 this year and I have a pending AoS. I just don't know how to expedite it? Could you explain/give more details about how to do so?