Get 180 day ext. on expired EAD/AP, tho I renewed after deadline? I might have a case

[MA031993]

Hi all, I needed some input on my situation or if anyone has been through a similar one

Background:
I have a pending I-485 Adjustment of Status (AOS) Application (marriage to US citizen based, PD 12/02/2019, adjusting from F-1 OPT).
I received my EAD/AP card for the AOS on 2/12/2020 and it expired on 2/11/2021
I did not use it, and continued to stay on my STEM OPT EAD (6/19/2019 - 6/18/2021).

Situation:
Since my STEM OPT EAD is about to expire June 18, and my AOS is still pending with no sign of completing by this date, I filed for expedite EAD/AP renewal on 3/17/2021 (a little over a month past its expiry - not my fault) so that I can shift to it once my STEM OPT EAD expires.
On a call with a USCIS agent a couple of days ago, he said that I might be eligible for retroactive 180-day extension since the reason I filed after the deadline was not my fault*, and he asked me to request that at the field office during my appointment next week (I am applying for emergency travel)

Question:
How does this even work? I have the receipt notice from my EAD/AP renewal application that says that this document can be used for a 180-day extension if I timely filed for renewing my current EAD/AP. It doesn’t say explicitly that I need to have applied before the deadline. Will they give me an additional letter saying that I have a 180-day extension even though I renewed past the deadline?


*USCIS failed to send me the receipt notice for my I-485, which is a required document for renewing the EAD/AP. I tried several times, starting from before expiry of the card, to obtain a copy of the receipt notice, with no response from USCIS. Finally, I was advised by an attorney to try and file for renewal without the receipt notice, who wrote a letter explaining the situation, and it got accepted.

[UScitizenFilingforspouse]

Hi there,

I do not think anyone here may be able to answer any of your questions. This is clearly one of those very unique situations. Most of us would have expected you to use your AOS EAD/AP instead of your STEM OPT EAD. After all, the AOS EAD/AP gives you the freedom to work for any employer. Say, you got tired of STEM and wanted to go work at COSTCO doing whatever, you could have done that.

Anyhow, my best advice to you is to maximize your time with the Immigration Officer at your upcoming appointment. I would even type up your questions and have them ready for the officer. Folks tend to get nervous in these situations and it is easy to forget what to ask.

If the officer/agent you spoke to on the phone said that such a retroactive transaction could be done, well, ask about that. Who knows? Maybe the officer at the USCIS Field Office may be able to approve an extension on both your EAD/AP. Doing so may be cheaper than processing emergency authorization to travel. I forget the price tag on that but it's ~500. I would definitely look that up and be ready to foot that bill if that is the route the officer wants to take during your appointment.

Best wishes,

USCFFS

[MA031993]

Update: The field office appointment ended up being completely useless. The person couldn't even understand my situation. Later on, a supervisor got involved and they said that they have not heard of this before, and it is outside their scope anyways since the application was filed with NBC. They asked me to ask about this by calling a tier 2 officer. Waiting for a callback now.