EAD Renewal (New I-765 and J-2)

[siniang]

Hello,

we've gone through the process of getting a new EAD for my J-2 husband multiple times now, but we noticed that form I-765 has changed and you can now choose "Initial EAD", "Renewal" and "Replacement". In the past, to our knowledge he was not eligible for renewal and we essentially filed for a new EAD each time ("Apply for Employment Authorization"). But with the changed wording we're a little confused because he's already had 3 different EADs over the past years. I could not find anything in the instructions, on the website and when calling USCIS I don't get to an option about EAD when going through the menus. So, now we're wondering if he can do the renewal and whether the eligibility criteria have changed, too.

Does anyone know more?

Thank you in advance.

[newacct]

Hello,

we've gone through the process of getting a new EAD for my J-2 husband multiple times now, but we noticed that form I-765 has changed and you can now choose "Initial EAD", "Renewal" and "Replacement". In the past, to our knowledge he was not eligible for renewal and we essentially filed for a new EAD each time ("Apply for Employment Authorization"). But with the changed wording we're a little confused because he's already had 3 different EADs over the past years. I could not find anything in the instructions, on the website and when calling USCIS I don't get to an option about EAD when going through the menus. So, now we're wondering if he can do the renewal and whether the eligibility criteria have changed, too.

Does anyone know more?

Thank you in advance.

What were his previous EADs based on? If the previous one was not a J-2-based EADs, and this one is a J-2-based EAD, then it is an initial EAD. If his previous one was a J-2-based EAD based on the same J-2 status that he continued to have, then it's a renewal.

[siniang]

His EADs have always been based on his J-2 status.

In the past, it specifically said in the instructions which filing categories are eligible for "renewal" and J-2 was none of them. However, as I mentioned the wording has changed with the added "initial" and I can't find anything about eligibility criteria for "renewal" in the instructions nor the website. I wanted to confirm with USCIS, but just didn't get to the point on the hotline to talk to an actual person. No field office where are and none within reachable distance.

Would be have to re-file if we filed wrong? This is, obviously, time-sensitive as my husband doesn't want to loose his full-time job that he loves.

Thanks!

[Enub4]

I will recommend to go to https://www.uscis.gov/i-765 and download/read the instructions. They mention J-2, what needs to be filed with the form and I'm sure you need to put renewal because of this wording (from the instructions):

Initial EAD: An EAD issued to an eligible applicant for the first time under a specific eligibility category.
Renewal EAD: An EAD issued to an eligible applicant after the expiration of a previous EAD issued under the same category.
Replacement EAD: An EAD issued to an eligible applicant when the previously issued EAD was lost, stolen, damaged, or contains errors, such as a misspelled name.

[siniang]

I will recommend to go to https://www.uscis.gov/i-765 and download/read the instructions. They mention J-2, what needs to be filed with the form and I'm sure you need to put renewal because of this wording (from the instructions):

I DID read the instructions. We're not doing this the first time. In the past it specifically stated the few filing categories that were eligible for "renewal EAD". That part is not in the instructions anymore, but it still talks about how only ELIGIBLE applicants can file for renewal. It nowhere states what constitutes eligibility (or I'm missing it, that's why I ask). It's very ambiguous and I don't want to make any assumptions.

[Enub4]

I think they removed the renewal eligibility, in other words, anyone that is eligible to get an EAD and has already an EAD and need another EAD without changing the current status, they check 'Renewal EAD'.
At least that's how I understand the form/instructions. I'm sorry if this didn't help you. Good luck.