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My EAD is a back up. Do I need still need to follow 90 days rule?

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  • My EAD is a back up. Do I need still need to follow 90 days rule?

    I just have my EAD as a backup, meaning - I am still on valid H1. In this case, do I really need to file for EAD renewal strictly 90 days before its expiration date?

  • #2
    No such rule. You can even go without applying for the EAD. USCIS never mandates anyone to apply for EAD if they don't want it.

    Where do you hear such rumors from?

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      [QUOTE=txh1b]No such rule. You can even go without applying for the EAD. QUOTE]
      If I do not apply for renewal before my EAD expiration, can I still apply for it at a later stage, after its expiry?

      Thank you very much for taking time to respond my questions

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      • #4
        Originally posted by irainesan
        If I do not apply for renewal before my EAD expiration, can I still apply for it at a later stage, after its expiry?
        Yes. EAD does not work like H1b where an extension has to be filed before the prior one expires. If you are sure about your job and do not intend to count on AC21 in case of some sudden economic changes to change employer, you are free to apply for EAD whenever you want.

        Most people tend to invest the $.50/day (~340$ for 2 years as per recent announcement) for EAD. It is just an insurance policy and worth putting money into and renewing if you were to ask for my opinion.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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