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Expired EAD/AP while waiting for PR in Houston

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  • Expired EAD/AP while waiting for PR in Houston

    Applied for I485/I765/I131 November 2016, had EAD/AP approved Jan 30 2017 with an expiration of Jan 30 2018, reapplied November 1 2017 for EAD extension, I received my notice that they have my document Nov 14 stating no new biometrics required, I have heard nothing since, according to website dates being worked on are Nov 20, 2017, I have been waiting over 5 months for extension of my work visa and haven't been allowed to work since end of January and still no update on that or my PR, I am in Houston, anyone else having same issue

  • #2
    Originally posted by JPRICE View Post
    Applied for I485/I765/I131 November 2016, had EAD/AP approved Jan 30 2017 with an expiration of Jan 30 2018, reapplied November 1 2017 for EAD extension, I received my notice that they have my document Nov 14 stating no new biometrics required, I have heard nothing since, according to website dates being worked on are Nov 20, 2017, I have been waiting over 5 months for extension of my work visa and haven't been allowed to work since end of January and still no update on that or my PR, I am in Houston, anyone else having same issue
    You shouldn't have had any trouble working so far, because for an EAD in this category (i.e. category C9 for AOS-based EADs), as long as you applied for an EAD renewal before your existing EAD expired, your employment authorization is automatically extended for 180 days from the old EAD's expiration date. So you should have no trouble working until July 29, 2018. The expired EAD plus the receipt for your renewal appliation together proves your employment authorization until July 29, 2018.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      You shouldn't have had any trouble working so far, because for an EAD in this category (i.e. category C9 for AOS-based EADs), as long as you applied for an EAD renewal before your existing EAD expired, your employment authorization is automatically extended for 180 days from the old EAD's expiration date. So you should have no trouble working until July 29, 2018. The expired EAD plus the receipt for your renewal appliation together proves your employment authorization until July 29, 2018.
      according to my lawyer that isn't correct, apparently mine does not give me automatic renewal

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      • #4
        Originally posted by JPRICE View Post
        according to my lawyer that isn't correct, apparently mine does not give me automatic renewal
        Then your lawyer is not up to date. If your EAD category is C9 and you filed renewal before the old card expired, you automatically have work authorization until 180 days after the card expired.

        See this fact sheet and this section of the handbook for employers.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          Then your lawyer is not up to date. If your EAD category is C9 and you filed renewal before the old card expired, you automatically have work authorization until 180 days after the card expired.

          See this fact sheet and this section of the handbook for employers.
          omg you are right thank you so much...I asked my lawyer if I qualified for extension and they told me no my category didn't qualify, I can't believe this...you have no idea how grateful I am for your response...thank you so much

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          • #6
            Originally posted by newacct View Post
            Then your lawyer is not up to date. If your EAD category is C9 and you filed renewal before the old card expired, you automatically have work authorization until 180 days after the card expired.

            See this fact sheet and this section of the handbook for employers.
            also do you know then if this applies to being able to get a drivers license extension too?

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            • #7
              Originally posted by JPRICE View Post
              also do you know then if this applies to being able to get a drivers license extension too?
              Driver's license requirements differ by state; you need to check with your specific state. I would guess that if your state requires EAD to get driver's license (I-485 receipt is not enough), they might not accept the automatic extension.

              This is my personal opinion and is not to be construed as legal advice.

              Comment

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