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EAD card renewal while waiting for adjustment of status (AOS) i.e. approved i-140

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  • EAD card renewal while waiting for adjustment of status (AOS) i.e. approved i-140

    Hi guys,

    We are Indian citizens waiting for our green card in EB1B category. Our priority date is in Fall 2016. We have our EAD cards that are going to expire in July 2020.

    I had a confusion regarding form I-765 for EAD renewal, question 27. Since mine would be a renewal EAD while waiting for AOS, in line 27, should i be filling c9 or c35 for myself and similarly for my wife, should i be filling c9 or c36

    I am a bit confused about that because last time for the initial EAD application with I-485 submitted, i filled c9. The reason i am confused is that how would USCIS determine that I have an approved I-140.

    Do I need to send a copy of I797 from the approved I-140 to USCIS both for my wife and myself to establish that connection.

    My other silly questions are :

    Do I send our (myself and my wife's) EAD applications separately or in the same package ?

    For the documents attached with the form, I think I need to send these:
    1. A front and back copy of your form I-94
    2.Two passport-sized photos.
    3. Expiring EAD front and back.

    Is that all or do I need to send any other supporting evidence for renewal?

    thank you

  • #2
    You are both apply for an EAD based on pending AOS, so category (c)(9). (c)(35) and (c)(36) are for people with approved I-140 and who have "compelling circumstances" to need an EAD. People with approved I-140s cannot normally get EADs. AOS-based EAD is better because it's free and doesn't need any reasons or special circumstances.

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

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