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  • I need advise!


    I’m a VAWA applicant. I submitted my application in September 2021, and I have yet to receive a decision on my case. I received my EAD during the process and also received two Prima Facie determinations with extensions. My EAD was supposed to expire around May 15, 2024. I submitted a renewal form on December 29, 2023, with the slip attached to the previous EAD letter. It usually takes a maximum of 60 days to get a notice of document from USCIS, but I didn’t receive any after 60 days, and I was very curious and worried.
    My lawyer advised me to resubmit another EAD application because immigration law would change around April 2024, and they would start charging for EAD renewals, which might be why they hadn’t sent me a notice yet. I submitted another application on March 7th with the new filing fee attached in the form of a money order. On March 10th, I received a notice from USCIS: “On December 29, 2023, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization.” Mind you, I had submitted another application with the filing fee attached to it. Fast forward to May 11, 2024, I received another notice including the money order I had sent. Now they have two applications processing for my EAD renewals. I want to know if the second application will overshadow the first application and if my counting time will start from when I submitted the second application or the first one. It’s been over six months since I submitted the first application, and I’m yet to receive my EAD. Please help and advise on what to do.​

  • #2
    What category is your EAD? If it is category C09 (i.e. on the basis of a pending I-485) or C31 (i.e. on the basis of an approved VAWA petition), you get an automatic 540-day extension of work authorization when you apply for EAD renewal before the EAD expiration, meaning that you are authorized to work for 1.5 years after the expiration date of the EAD, while the renewal is pending.

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

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