EAD / AP Renewal Sample format

[idliman]

Cover Letter Sample
August 7, 2018
To
USCIS

Sub: Renewal Application for Employment Authorization with Pending I-485 (Adjustment of Status)
[A# 231-010-000]
Dear Sir/Madam,
My Adjustment of Status (I-485, Receipt # SRC100000005) application is pending. I am enclosing the following documents in support of my renewal application for EAD:
- Completed form I-765, Application for Employment Authorization
- 2 color photographs (with A# at the back)
- Form G-1145 (E-Notification)
- Copy of I-797C, Notice of Action, Receipt of filing I-485
- Copy of Previously approved EAD/AP mailer information (with bar code)
- Copy of previously approved EAD/AP Card (front and back)
- Copy of I-94 arrival/departure card
- Copy of driver's license (North Carolina)
- Copy of passport's biographic pages

Kindly approve the above-mentioned applications with a two-year validity period in accordance with recent USCIS Policy Alert PA-2021-10 issued on June 9, 2021.

Note: The above wording is a modification of request for 2 year EAD based on recent update to USCIS Policy Manual. The original wording when PD is not FA current is in the PDF file linked to this thread.

If you have any questions or need additional information concerning the above, please do not hesitate to contact me. Thank you in advance for your kind attention in this matter.
Sincerely,

First LAST
1000 Pruce Lane, Concord, NC 28261
Cell 000-100-2001
Email: whatis@who.com

August 7, 2018
To
USCIS

Sub: Renewal Application for Travel Document with Pending I-485 (Adjustment of Status)
[A# 231-010-000]
Dear Sir/Madam,
My Adjustment of Status (I-485, Receipt # SRC100000005) application is pending. I am enclosing the following documents in support of my renewal application for AP:
- Completed form I-131, Application for Travel Document
- 2 color photographs (with A# at the back)
- Form G-1145 (E-Notification)
- Copy of I-797C, Notice of Action, Receipt of filing I-485
- Copy of Previously approved EAD/AP mailer information (with bar code)
- Copy of previously approved EAD/AP Card (front and back)
- Copy of I-94 arrival/departure card
- Copy of driver's license (North Carolina)
- Copy of passport's biographic pages
Kindly approve the above-mentioned applications with a two-year validity period in accordance with recent USCIS Policy Alert PA-2021-10 issued on June 9, 2021.
If you have any questions or need additional information concerning the above, please do not hesitate to contact me. Thank you in advance for your kind attention in this matter.
Sincerely,

First LAST
1000 Pruce Lane, Concord, NC 28261
Cell 000-100-2001
Email: whatis@who.com

AP Travel Description Letter Sample
08/07/2018

Attention: U.S. Department of Homeland Security
Bureau of Citizenship and Immigration Services

Re: Request for Advance Parole

To Whom It May Concern

This is to request Advance Parole to travel to INDIA for visiting family members. The approximate travel will be from June 2019 to July 2019.

I may also need to travel for business purposes to COMPANY headquarters in Karuvelampatti, FRANCE in 2019.

Thank you for your consideration.

First LAST

Here's a PDF of the Sample Letter Above.1775

[qesehmk]

Copied this into its own thread since this might be useful and relevant to a lot of people.

[idliman]

I got my first I-485 EAD/AP card. What's next?



Make sure that you have scanned and stored the I-485 receipt notice. It is like the golden ticket in Willy Wonka. You will need it for all EAD/AP renewals from now onwards. This golden ticket gives you a backup status and makes sure that you stay legal in USA.
Scan and Save the PDF of the EAD/AP card, front and back. Also scan the mailer letter with barcode that came with EAD/AP card. Mailer barcode is very important and helps to speed up renewal. As a practice, I save the PDF with three pages (front, back and mailer with bar code).
Go and do Driver's License renewal or update the I-9 form (see below caveats).
Usually the first EAD/AP card is issued only with 1 year validity. So you need to plan for renewal of EAD/AP in 6 months' time. Update: USCIS Policy Alert PA-2021-10 (https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210609-EmploymentAuthorization.pdf) issued on June 9, 2021 says initial and renewal EADs will be have 2 year validity.
Save a copy of PERM, I-140 and I-485 application. If you don't have a copy of PERM, request it from HR / law-firm for safe keeping. Although, there is no legal requirement, you will need it to do AC21 (change of job) after 180 days. For "same or similar" justification in I485 Supp J, your chances of approval will increase exponentially when you match the approved PERM as much as possible.


I-9 / Status / Caveats

If you are on H1B, don't give your EAD/AP to HR. Once you use EAD/AP then you move to "I485 Pending" status and H1B gets dormant till next renewal or amendment. Lots of details and fine print on this topic.
Once you use EAD/AP to reenter the country, then you move to "AOS / Parolee / DA (District Authority)" status. You are no longer on H1B till next H1B renewal.


How to Plan next EAD/AP renewal?



Make sure that you have saved the three pages of EAD/AP card (front, back and mailer).
Calculate the 180th day before expiry of your EAD/AP. Open MS Excel and subtract 180 days from the expiry date. That?s the day that you will mail your renewal package to USCIS. Calculate 1 month (210 days) before the date so that you can start preparing the application.
Put a calendar activity for the 180th (mail application packet) and 210th days (start preparing application) and share it with your spouse so that you both are aware of the dates.

[idliman]

I am in the 210th day; what should I do?


Take your passport photo using a cell phone or camera with off-white background. Follow photo guidelines. Do not recycle or reuse old passport photos. You will definitely get a RFE if old photos are used. Photo RFE is the most common RFE for EAD/AP renewals.
Google "e passport photo". There are a few ?free? websites that can convert your photo to a 4x6 template. No need to pay for anything. Click the "free" option and generate a 4x6 photo sheet. It will have an advertisement in the unused space. You will discard it when you cut out your photos.

Upload the photo to your favorite photo service (Walgreens, CVS, Walmart, Costco, Sam's Club, etc.,) and order two (2) 4x6 photos. A sheet will have four 2x2 passport photos. So for USD $0.30 you will get 4 passport photos. I sometimes order two sets of photos from two different shops and pick the best one. I don?t mind spending an additional $1 for myself and my spouse. With pandemic, the photos take a week to arrive by mail. You need two 2x2 photos for EAD and another two for AP. One 4x6 sheet should be sufficient. However I have found that sometimes either the top two or bottom two photos are cut automatically while printing. So I order 2 sheets (additional $0.30).
Collect the copies of your first EAD/AP application prepared by attorney. Use it to get started.
Always download the latest version of I-765 and I-131 PDF form from the USCIS website. If you use an older version of form, the application will be rejected.
Use the covering letter format given above and populate it in a word document (LaTeX if you are one of my friends). You would need two sets one for yourself and another for your spouse.
Go and complete the forms. Use (c)(9)(P) (Pending adjustment of status under Section 245 of the Act) as the eligibility category for combo card. If this is your first time, it might take 2+ hours. Ask questions in the online forum whenever you have doubts.
Sign it as 180th day or 179th day. It does not matter as long as it is close to 180th day.
Write A# using a felt pen on the back of the photos for yourself and your wife. I always take two regular envelopes, seal them blank and cut the sides so that I can create four small pockets for attaching photos to the EAD/AP application. I also write my A# and full name outside the photo mini envelope.

[idliman]

Mail it using FedEx or USPS Express with delivery tracking.
All four packets can be mailed in the same envelope (Husband + wife, EAD+AP). However make sure that you separate each application via binder clips. You will most likely get 4 consecutive receipt notices.
Always check and confirm the mailing address (lockbox) from USCIS website before mailing. They can change it anytime. If you are applying EAD/AP renewal together you will send to EAD address.
Make sure that you have signatures at all relevant places. If signatures are missing then your application will be rejected.
Arrange the supporting documents in order. Do not use staples. Use paper clips so that the lockbox can take them out and digitally scan your application.
There is no renewal fee for (c) (9) (P) category. This can be confirmed by looking in the I-765 instructions PDF from USCIS website.
If USCIS receives renewal envelope before 180 days (say 181st day), your application will be rejected. So I try to mail it somewhere between 175th the 179th day. There have been numerous cases where people tried to deliver it on the 180th day and got into trouble because FedEx delivered their packets early.

[idliman]

Common EAD / AP renewal Errors



Reusing old photos and getting a photo RFE
Not using the latest version of the EAD / AP forms from USCIS website. Your application will be rejected.
Not confirming the mailing address from USCIS website before mailing. If you are lucky USCIS will route it to the correct center. However, it will delay approval.
Forgetting signatures. Application will be rejected.


Advantage of Working on EAD



The EAD provides unrestricted employment authorization. This means No salary requirement, No specialty position requirement, No specific level of education, No specific location, No duration requirement, etc.,
With the I-485 pending (AOS Pending), all foreign nationals are considered to be in a period of authorized stay in the United States. You are eligible to extend the EAD as long as the I-485 remains pending. The beauty is that you don't have to pay any USCIS fee at all with a Pending AOS and if you follow the I-765 Do-It-Yourself guide, total expenses for the paperwork are only $25 to $50 (FedEx, printing and photo charges). Attorneys charge anywhere between $500 to $2000 for preparing and submitting a EAD/AP renewal application.
You can work any number of jobs on EAD whereas H1B is only for a specific position at a specific location of a specific employer.


Disadvantages of Working on EAD



Max work authorization validity is 1 or 2 years. On the other hand, H1B's are approved for a 3 year period.
Once the EAD validity expires, you need to stop working immediately. There is no grace period, unless you are eligible for automatic extension of 180 days as explained below (AOS people are eligible).
Processing time can be as long as 3 to 6 months and there is no premium processing for I-765 form. Filing for renewal timely is a key part of staying and working on EAD.
Using the EAD and relying upon the I-485, means that there is no underlying non-immigrant status. Thus, if the I-485 is denied for some reason, you will be out of status. If you have an underlying H1B you can fall back to that status. That's why many people still keep renewing H1B although some believe that it is total waste of time and money.


Automatic Extension of EAD
Starting Jan 2017, USCIS introduced a new policy of automatic EAD extension, provided you file a timely renewal. The following are the conditions:



Properly filed for a renewal EAD before their current EAD expired, and
Are otherwise eligible for a renewal, which means that: a) Your EAD renewal is under a category that is eligible for an automatic 180-day extension (see the list of categories below); and b) The Category on your current EAD matches the ?Class Requested? listed on this Notice of Action.


Category (c)(9) or Pending AOS is eligible for Automatic Extension. However H4 EAD [(c)(26)] and L2 EAD [(a)(18)] are not eligible for automatic extension.
For complete list of eligible categories visit USCIS site:
https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/automatic-employment-authorization-document-ead-extension

[mesan123]

Nice info ... thank you Idlan putting it together ��

[GCkaLADDU]

Reusing old photos and getting a photo RFE
Not using the latest version of the EAD / AP forms from USCIS website. Your application will be rejected.
Not confirming the mailing address from USCIS website before mailing. If you are lucky USCIS will route it to the correct center. However, it will delay approval.
Forgetting signatures. Application will be rejected.


Dumb question!

I am planning to apply for EAD/AP as it was not done along with my I-485 application. Does it make sense to send a cover letter for the initial application for EAD/AP?

Very well put thread above BTW!

[idliman]

Dumb question!
I am planning to apply for EAD/AP as it was not done along with my I-485 application. Does it make sense to send a cover letter for the initial application for EAD/AP?
Very well put thread above BTW!
Thanks. You need to wait for your I485 receipt notice. That's the most important evidence required to prove your eligibility to (c)(9)(p). Other docs just prove your identity.

The cover letter above is just to organize your material for presentation to the adjudicator. It can be easily modified for your purpose. You can get started now itself leaving aside your A# that you can get from I-485 receipt notice. A# or Alien Number is internally used by USCIS for everything (their version of SSN). Good Luck.

[aGCHopefull]

Thanks idliman! This is really great information. Thanks for sharing your knowledge with everyone!

[Moveon]

Thanks idliman! This is really great information. Thanks for sharing your knowledge with everyone!

Yes this is very useful and I used this format for renewal last year , thanks idliman . Lot of companies pay for only the Employee's EAD/AP and law firms charge upto $1000 each for AP and EAD.
Your spouse's EAD/AP paper work is no different . So refer to your paperwork and fill out your spouses . Use the cover letter that idliman has given and you can save $$$$

[GCkaLADDU]

Congrats on your EAD/AP approval. Welcome to the Trishanku status. Make sure that you browse through our EAD/AP thread to setup reminders for timely renewal in 6 months time (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format?p=69155&viewfull=1#post69155).

I-9 / Status / Caveats
If you are on H1B, don't give your EAD/AP to HR. Once you use EAD/AP then you move to "I485 Pending" status and H1B gets dormant till next renewal or amendment. Lots of details and fine print on this topic.
Once you use EAD/AP to reenter the country, then you move to "AOS / Parolee / DA (District Authority)" status. You are no longer on H1B till next H1B renewal.

Question: An individual's current H1B is based off an approved i-140 and has filed for an AOS (I-485). He gets an EAD in lieu of the pending AOS application but chooses to use H1B status instead of "AOS / Parolee / DA (District Authority)". Now if his AOS get rejected for some reason, wouldn't that invalidate his H1B as well because it was based on a 'pending GC application' which is no longer pending now?

Not sure if i-140 remains intact after AOS denial. Trying to weigh in the pros and cons of using EAD vs H1B (I-140 based)

[idliman]

I-9 / Status / Caveats
If you are on H1B, don't give your EAD/AP to HR. Once you use EAD/AP then you move to "I485 Pending" status and H1B gets dormant till next renewal or amendment. Lots of details and fine print on this topic.
Once you use EAD/AP to reenter the country, then you move to "AOS / Parolee / DA (District Authority)" status. You are no longer on H1B till next H1B renewal.

Question: An individual's current H1B is based off an approved i-140 and has filed for an AOS (I-485). He gets an EAD in lieu of the pending AOS application but chooses to use H1B status instead of "AOS / Parolee / DA (District Authority)". Now if his AOS get rejected for some reason, wouldn't that invalidate his H1B as well because it was based on a 'pending GC application' which is no longer pending now?

Not sure if i-140 remains intact after AOS denial. Trying to weigh in the pros and cons of using EAD vs H1B (I-140 based)
I don't have a formal law degree. So take the following for what it is worth.

A denied I-485 will not have any effect on your H-1B status if you don?t use your EAD or advance parole. If you have used EAD/AP, then they will also become invalid as the underlying basis is gone. You will start accruing unlawful presence.

If your I485 is denied for health, criminal, security, public charge or immigration violation, then that should not affect your underlying I-140. If it is for employer fraud, ability to pay type issues then the I-140 will be denied along with I-485.

The advantages of using H1B over EAD/AP are in EAD/AP forum (https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP?p=69234&viewfull=1#post69234).

A denied I485 is not the end of the world. You will likely follow the following steps if I485 is rejected.

MTR
AAO appeal
Refile
Immigration Court / Judge

Of course we don't want that to happen. HTH.

[idliman]

As a general rule, if a spouse of a H1 is working using H4 EAD, it is better to move to AOS based EAD. There are four reasons:


AOS EAD is permanent. (c)(9) EAD is based on a Law. H4 is based on agency rule.
There is no fee for AOS EAD/AP renewal.
Renewal of AOS based EAD is hassle free and relative faster when compared to the current H4 processing times. You can DIY yourself.
You are also eligible for automatic 180 day extension, provided you file renewal promptly.


Hope this helps.

[waitin4gc]

Hi Idliman, which one is the mailer letter with barcode that came with EAD/AP card? Is it the second half of the letter that has 3 bar codes and goes like this ...

IMPORTANT INFORMATION - SAVE THIS NOTICE

Use this tear-off portion to speed your application for an extension or replacement card.

A# .......

Or Is is it the entire page that as USPS Tracking barcode as well?

[beagle]

Adding to what idliman said, once you use AP you are married to the I-140 through which you received your EAD/AP combo card. In other words, you can't interfile between EB-2 and EB-3 if you've downgraded. Say, you downgraded from EB2 -> EB3. Then went to India and came back on AP, you are on EB-3 forever and can't interfile on EB-2 again. So think twice before you use your AP. Thats why its always better to maintain H1B until you get your GC to avoid all these headaches.

[idliman]

Hi Idliman, which one is the mailer letter with barcode that came with EAD/AP card? Is it the second half of the letter that has 3 bar codes and goes like this ...

IMPORTANT INFORMATION - SAVE THIS NOTICE

Use this tear-off portion to speed your application for an extension or replacement card.

A# .......

Or Is is it the entire page that as USPS Tracking barcode as well?
I scan the full page without tearing off anything. That way when you scan it it will be a letter size document. Also I keep a letter size white paper in the background and place the EAD card in the middle when I scan. So when you print the scanned version to submit for a renewal application everything will be a letter size document.

It is too much of detail and micro-managing. I also use use post-it tabs and categorize eveything in order. Just remeber that USCIS puches holes at the top and files it that way. So your tabs need to be on the bottom. By the time, I am done preparing an EAD+AP application, it would be easily an hour to doube and triple check everything.

Just spend time and be meticulous. Good Luck.

[waitin4gc]

I scan the full page without tearing off anything. That way when you scan it it will be a letter size document. Also I keep a letter size white paper in the background and place the EAD card in the middle when I scan. So when you print the scanned version to submit for a renewal application everything will be a letter size document.

It is too much of detail and micro-managing. I also use use post-it tabs and categorize eveything in order. Just remeber that USCIS puches holes at the top and files it that way. So your tabs need to be on the bottom. By the time, I am done preparing an EAD+AP application, it would be easily an hour to doube and triple check everything.

Just spend time and be meticulous. Good Luck.

Thank you idliman. You have been a great help to this Forum! Appreciate all your efforts

[KingofJoy]

Hi Idliman,
Great post. Very informative and admirable.
I have a couple of questions as I'm getting closer to filing EAD/AP renewal and hopefully these questions will benefit others as well.

1) Can i send both (765 & 131 forms for both primary and derivative) in 1 package? I believe you mentioned yes but wanted to assert!
2) How or where can i find the address to which the package needs to be sent? Also, if both EAD and AP forms can be sent together then I'd assume the address would be same! (You mentioned, send it to EAD address)
3) Do i have to indicate (C) (9) or (C) (9) (P) in the form?
4) Form G-1145 (E-Notification) - do we have to send G-1145 for each i.e. for 765 & 131 (total of 4 G-1145 forms if applying for both primary and derivative)?
5) Post#1 shows cover letter for 765,131 and AP description sample letter so i would assume it's for 1 applicant and if you have both then you are looking at repeating the same for 2nd one?

[idliman]

Hi Idliman,
Great post. Very informative and admirable.
I have a couple of questions as I'm getting closer to filing EAD/AP renewal and hopefully these questions will benefit others as well.

1) Can i send both (765 & 131 forms for both primary and derivative) in 1 package? I believe you mentioned yes but wanted to assert!
2) How or where can i find the address to which the package needs to be sent? Also, if both EAD and AP forms can be sent together then I'd assume the address would be same! (You mentioned, send it to EAD address)
3) Do i have to indicate (C) (9) or (C) (9) (P) in the form?
4) Form G-1145 (E-Notification) - do we have to send G-1145 for each i.e. for 765 & 131 (total of 4 G-1145 forms if applying for both primary and derivative)?
5) Post#1 shows cover letter for 765,131 and AP description sample letter so i would assume it's for 1 applicant and if you have both then you are looking at repeating the same for 2nd one?


Yes. You will have 4 applications in one FedEx package (I-765 Primary, I-131 Primary, I-765 Derivative, I-131 Derivative). Put Covering letter for each at first, followed by the forms, photos and documentation. Put a binder clip for each application. Each form is a standalone application by itself and should have all the supporting evidence for that form.
You will send to EAD address. You need to go to USCIS website and verify the correct address depending on where you are located. All USCIS forms have a Section called where to file. That's why I had not provided the address. You are expected to take the filing address only from USCIS website and check it again the day you are mailing the package.
If you are requesting a combo card go with (c ) (9) (P).
Yes. A total of 4 G-1145 forms. Each form is a standalone application by itself. USCIS lock-box will issue four separate receipt notices.
Yes. One set of cover letter sample is given for the Principal Applicant. You will do a separate cover letter for the derivative with derivative details and justification.

[KingofJoy]

Yes. You will have 4 applications in one FedEx package (I-765 Primary, I-131 Primary, I-765 Derivative, I-131 Derivative). Put Covering letter for each at first, followed by the forms, photos and documentation. Put a binder clip for each application. Each form is a standalone application by itself and should have all the supporting evidence for that form.
You will send to EAD address. You need to go to USCIS website and verify the correct address depending on where you are located. All USCIS forms have a Section called where to file. That's why I had not provided the address. You are expected to take the filing address only from USCIS website and check it again the day you are mailing the package.
If you are requesting a combo card go with (c ) (9) (P).
Yes. A total of 4 G-1145 forms. Each form is a standalone application by itself. USCIS lock-box will issue four separate receipt notices.
Yes. One set of cover letter sample is given for the Principal Applicant. You will do a separate cover letter for the derivative with derivative details and justification.


Thank you so much, really appreciate it.

[tankhajj]

Yes. You will have 4 applications in one FedEx package (I-765 Primary, I-131 Primary, I-765 Derivative, I-131 Derivative). Put Covering letter for each at first, followed by the forms, photos and documentation. Put a binder clip for each application. Each form is a standalone application by itself and should have all the supporting evidence for that form.
You will send to EAD address. You need to go to USCIS website and verify the correct address depending on where you are located. All USCIS forms have a Section called where to file. That's why I had not provided the address. You are expected to take the filing address only from USCIS website and check it again the day you are mailing the package.
If you are requesting a combo card go with (c ) (9) (P).
Yes. A total of 4 G-1145 forms. Each form is a standalone application by itself. USCIS lock-box will issue four separate receipt notices.
Yes. One set of cover letter sample is given for the Principal Applicant. You will do a separate cover letter for the derivative with derivative details and justification.


Hello,
I am sounding repetitive but just wanted to confirm if I can send both I765 and I131 renewal packages to the I765 Phoenix lockbox address.
I live in Arizona and according to USCIS website, I need to send I765 renewal package to Phoenix lockbox whereas I131 renewal form needs to go to Chicago lockbox since my I485 receipt starts with MSC.
Please help.

[idliman]

Hello,
I am sounding repetitive but just wanted to confirm if I can send both I765 and I131 renewal packages to the I765 Phoenix lockbox address.
I live in Arizona and according to USCIS website, I need to send I765 renewal package to Phoenix lockbox whereas I131 renewal form needs to go to Chicago lockbox since my I485 receipt starts with MSC.
Please help.
If you are applying for a combo card "C09P", then you will send everything in one envelope to EAD address listed in USCIS website. If you apply individually then you will use the address given for those forms separately.

I understand that when you are doing it for the first time it is intimidating. But trust the thousands who have applied for renewal 5+ times since 2012. It is a very simple form. It used to be one page earlier.

If you think something is not clear or additional info could help future readers of this blog, please advise or share.

[donkeykong]

N00b questions-
- Where to send this application? C(9) according to https://www.uscis.gov/i-765-addresses is a lockbox for EB applications
USCIS
Attn: NFB AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
- Does USCIS provide any receipt to track progress?

[idliman]

N00b questions-
- Where to send this application? C(9) according to https://www.uscis.gov/i-765-addresses is a lockbox for EB applications
USCIS
Attn: NFB AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
- Does USCIS provide any receipt to track progress?
You will send to I-765 filing address.

USCIS Phoenix or Dallas Lockbox, based on where you live (Go to the USCIS Phoenix and Dallas Lockbox facilities chart (https://www.uscis.gov/forms/forms-information/uscis-phoenix-and-dallas-lockbox-facilities) for the address)
Filing Locations for Certain Form I-765, Application for Employment Authorization | USCIS (https://www.uscis.gov/forms/forms-information/uscis-phoenix-and-dallas-lockbox-facilities)

I don't want to copy paste addresses here as USCIS might change them anytime. So read them directly from USCIS website.

Good Luck.

[donkeykong]

You will send to I-765 filing address.

USCIS Phoenix or Dallas Lockbox, based on where you live (Go to the USCIS Phoenix and Dallas Lockbox facilities chart (https://www.uscis.gov/forms/forms-information/uscis-phoenix-and-dallas-lockbox-facilities) for the address)
Filing Locations for Certain Form I-765, Application for Employment Authorization | USCIS (https://www.uscis.gov/forms/forms-information/uscis-phoenix-and-dallas-lockbox-facilities)

I don't want to copy paste addresses here as USCIS might change them anytime. So read them directly from USCIS website.

Good Luck.

thanks for confirming!

[curiousking]

Hi, Nice post and well structured. I am in the process of renewing my EAD (along with my spouse and kid) which is expiring in January 2022, by myself. I have few questions.



It is not mentioned anywhere on the USCIS website to send the Cover Letter, Do we really need it or it is just a nice to have to let the officer know what all the documents we are sending with the application?
On the form 765, Page#3, Section " Last Arrival Details...", field#21b "Passport number of your most recently issued passport"; when we entered in the US last time with the passport# was expired and I renewed it and as per the question it looks like i have to use the new passport# in this field. However in general instruction of I765, it is mentioned that "If you used a passport or travel document to travel to the United States, enter either the passport or travel document information in the appropriate space on the application, even if the passport or travel document is currently expired." I believe we have to use the latest Passport number but just wanted to check here if this scenario applies to anyone?
I believe I have to use a copy of "Previously approved EAD/AP mailer information (with bar code)" and not the original with both I765 and I131 since I am applying for a combo card, please confirm your experience.

I am using following documents with the I-765 (in the same order in the envelope),




[*=1]​2 photos (on top attach with the paper clip)
[*=1]Original Form G-1145

[*=1]Original Form I-765 (And Form I-131 (for AP renewal bundle)

[*=1]Copy of Form I-797 C - Notice of Action, Receipt of filing I-485

[*=1]Copy of Previously approved EAD/AP mailer information (with bar code)

[*=1]Copy of previously approved EAD/AP Card (front and back) (Black and White)

[*=1]Copy of most recent I-94 (Even if on I-765 General Instructions says for AOS candidate, this is not required)

​​ 5. I am using following documents with the I-131 (in the same order in the envelope)

[*=1]2 photos (on top attach with the paper clip)
[*=1]Original Form G-1145
[*=1]Original Form I-131
[*=1]Copy of Form I-797 C - Notice of Action, Receipt of filing I-485
[*=1]Copy of Previously approved EAD/AP mailer information (with bar code)
[*=1]Copy of previously approved EAD/AP Card (front and back) (Black and White)
[*=1]Copy of most recent I-94


I hope I am NOT missing anything.

Appreciate your quick response.

Thanks.

[maverick123]

Thanks Idliman for the detailed post. My EAD+AP is expiring in Jan 2022 and I am in the process of researching renewal. I have a question.

I read that EAD can be renewed within 180 days of expiry but AP can be renewed only within 120 days of expiry. Considering this disparity, when can the combo card be renewed? 180 or 120?

[maverick123]

I read that EAD can be renewed 180 days in advance but AP can be renewed only 120 days in advance. Considering this disparity, how soon can the combo card be renewed? 180 or 120 days in advance?

[idliman]

Hi, Nice post and well structured. I am in the process of renewing my EAD (along with my spouse and kid) which is expiring in January 2022, by myself. I have few questions.



It is not mentioned anywhere on the USCIS website to send the Cover Letter, Do we really need it or it is just a nice to have to let the officer know what all the documents we are sending with the application?
On the form 765, Page#3, Section " Last Arrival Details...", field#21b "Passport number of your most recently issued passport"; when we entered in the US last time with the passport# was expired and I renewed it and as per the question it looks like i have to use the new passport# in this field. However in general instruction of I765, it is mentioned that "If you used a passport or travel document to travel to the United States, enter either the passport or travel document information in the appropriate space on the application, even if the passport or travel document is currently expired." I believe we have to use the latest Passport number but just wanted to check here if this scenario applies to anyone?
I believe I have to use a copy of "Previously approved EAD/AP mailer information (with bar code)" and not the original with both I765 and I131 since I am applying for a combo card, please confirm your experience.

I am using following documents with the I-765 (in the same order in the envelope),




[*=1]​2 photos (on top attach with the paper clip)
[*=1]Original Form G-1145

[*=1]Original Form I-765 (And Form I-131 (for AP renewal bundle)

[*=1]Copy of Form I-797 C - Notice of Action, Receipt of filing I-485

[*=1]Copy of Previously approved EAD/AP mailer information (with bar code)

[*=1]Copy of previously approved EAD/AP Card (front and back) (Black and White)

[*=1]Copy of most recent I-94 (Even if on I-765 General Instructions says for AOS candidate, this is not required)

​​ 5. I am using following documents with the I-131 (in the same order in the envelope)

[*=1]2 photos (on top attach with the paper clip)
[*=1]Original Form G-1145
[*=1]Original Form I-131
[*=1]Copy of Form I-797 C - Notice of Action, Receipt of filing I-485
[*=1]Copy of Previously approved EAD/AP mailer information (with bar code)
[*=1]Copy of previously approved EAD/AP Card (front and back) (Black and White)
[*=1]Copy of most recent I-94


I hope I am NOT missing anything.

Appreciate your quick response.

Thanks.

Covering letter is like a punchlist and helps the lockbox contractor in the process of accepting your application. It is not a requirement.
Travel Document here has a specific meaning in USCIS terminology (It is not AP or visa). I have always entered the current passport number and did not have any issues. Your old passport number will be reflected in the online I-94 printout. If you have a new I-94, you include it also as part of I-94. I have nothing against following USCIS instructions. You will not have any issue if you enter latest passport number also.
Yes. Copies of Barcode Mailer and copies of front and back of EAD/AP card.
I-94 is just to show that you are maintaining status currently.
Yes. Each is a separate form by itself. Copies need to be included so that they can be adjudicated separately if needed. However if they do it correctly, you will get a Combo Card. Use C(9)(P) instead of just C(9). That forces a combo card.


You are good and very detailed. This is one of the easiest forms with USCIS. All they need is a copy of I-485 receipt notice. The rest are supplementary stuff for spoon feeding the adjudicator. Good Luck.

The wording in cover letter needs to be updated for 2 year. I recently did a different one for my friend. Will post the wording shortly. It is on a different computer.

[idliman]

Thanks Idliman for the detailed post. My EAD+AP is expiring in Jan 2022 and I am in the process of researching renewal. I have a question.

I read that EAD can be renewed within 180 days of expiry but AP can be renewed only within 120 days of expiry. Considering this disparity, when can the combo card be renewed? 180 or 120?
For combo card it is 180 days. Use C(9)(P). People have been doing it for the last 8 years. You have to trust us and send it to lockbox in 180 days not 181 or 182 days. That is very important.

[curiousking]

Thanks a lot for the response. Please share the latest Cover Letter Format when you get a chance. I am planning to wrap up everything and submit the documents this weekend or latest by early next week.

[idliman]

Thanks a lot for the response. Please share the latest Cover Letter Format when you get a chance. I am planning to wrap up everything and submit the documents this weekend or latest by early next week.

Use the below wording to request a 2 year EAD/AP in both EAD and AP cover letters.

Kindly approve the above-mentioned applications with a two-year validity period in accordance with recent USCIS Policy Alert PA-2021-10 issued on June 9, 2021.

The original post text also has been updated. Good Luck.

[idliman]

Thanks Idliman for the detailed post. My EAD+AP is expiring in Jan 2022 and I am in the process of researching renewal. I have a question.

I read that EAD can be renewed within 180 days of expiry but AP can be renewed only within 120 days of expiry. Considering this disparity, when can the combo card be renewed? 180 or 120?
Just remembered that you can ask EMMA about when to renew "Combo Card". It should state 180 days. "Combo Card" is the key.

Me: When can I renew my EAD combo card?
Emma: To renew a work authorization and advance parole combo card, you must file the Application for Employment Authorization, Form I-765, and Application for Travel Document, Form I-131, concurrently, and at least 180 days before the combo card is due to expire.

[racharox]

Thanks Idliman for your overall detailed inputs on renewing EAD/AP.

I have a question and this could be of help for anyone else looking for answers in this section - What should be the answer to Item # 25 "Your current Immigration Status or Category" in I765 form if AoS pending and currently on H1-B status since last US arrival?

Also let's assume you are no longer on H1-B status, and on pending AoS status, can we just write "pending AoS status"?

[idliman]

Thanks Idliman for your overall detailed inputs on renewing EAD/AP.

I have a question and this could be of help for anyone else looking for answers in this section - What should be the answer to Item # 25 "Your current Immigration Status or Category" in I765 form if AoS pending and currently on H1-B status since last US arrival?

Also let's assume you are no longer on H1-B status, and on pending AoS status, can we just write "pending AoS status"?
You always have a backup status called "Pending AOS". What matters is the current active status. If you are maintaining H1-B/L1 it is H1B or L1.

You need to print the online I-94 from USCIS website. That would tell you the status in the CBP system with the expiry date.

The status is one of the following things:


What's on I-94. On what status you entered the country? Is it H1, H4, L1, L2, etc.,? Is it still active?
Did you use AP for last entry? Then your online I-94 should reflect that. It should be "DA / Parolee" for this case.
Has your H1, L1 expired since you last applied for AOS. If you have H1B renewal pending you are still on H1B till it gets approved / rejected. If you are not renewing H1/L1 and you have started using EAD for work. Then it is "AOS Pending".
Did you use EAD for second job? Then your H1-B status is overwritten by last use EAD status. We have a huge discussion thread for this specific topic.


There may be other variations. These are the things that I can think off for now.

[maverick123]

idlyman - This might sound silly, just trying to be extra careful as I am doing this the first time. For the copies, should we take color copies or is it ok to use black and white?

[idliman]

idlyman - This might sound silly, just trying to be extra careful as I am doing this the first time. For the copies, should we take color copies or is it ok to use black and white?
Color or B&W does not matter. But they should be of good quality and legible. I have submitted color copies whenever possible for ID documents. Other documents B&W is enough.

For (C)(9)(P), the only thing that matters is a copy of the I-485 receipt notice. You can submit a B&W version for that. They have internal access to this if anything needs to be checked.

Don't worry. Just make sure that you sign the forms. Take your time and be detailed. You will do a much better job than the paralegal who is doing many forms daily.

[maverick123]

Thank you! What is the purpose of AP Travel Description Letter Sample? Should we include that also in the AP renewal paperwork envelope?

[idliman]

Thank you! What is the purpose of AP Travel Description Letter Sample? Should we include that also in the AP renewal paperwork envelope?
That letter provides justification (business or personal) for requesting AP.

Yes. The letter needs to be added as the last page of AP / I-131 form. It is part of I-131 form. In the description write "Request Letter is attached". HTH.

[sling10]

That letter provides justification (business or personal) for requesting AP.

Yes. The letter needs to be added as the last page of AP / I-131 form. It is part of I-131 form. In the description write "Request Letter is attached". HTH.

Hi idliman - Is the AP Travel Description Letter needed for first time AP filers along with the 485 ? OR is it needed only during the AP renewal ?

[idliman]

Hi idliman - Is the AP Travel Description Letter needed for first time AP filers along with the 485 ? OR is it needed only during the AP renewal ?
Everytime you file a I-131 you need to have that letter. It is just an extra justification.

The sample format in this thread is based on my past experieces with EAD/AP renewal. I have used this format and had successfully renewed about 6 times or so. Numerous others have used this format. My version is a modification of original I-765/I-131 done by my attorney in 2012. It is possible that different attorneys / law firms use slightly different versions. Some might write justification in the box / space in form itself. So it is not a hard and fast rule. Use this template as a guide and modify it to your needs.

Good luck.

[mesan123]

Everytime you file a I-131 you need to have that letter. It is just an extra justification.

The sample format in this thread is based on my past experieces with EAD/AP renewal. I have used this format and had successfully renewed about 6 times or so. Numerous others have used this format. My version is a modification of original I-765/I-131 done by my attorney in 2012. It is possible that different attorneys / law firms use slightly different versions. Some might write justification in the box / space in form itself. So it is not a hard and fast rule. Use this template as a guide and modify it to your needs.

Good luck.

I am going to do my first EAD/AP renewal for me and my spouse. Thank you for this thread, it is of immense help/ few initial questions i have is,

1) can i send mine 131 & 765 and my Spouse 131 & 765 in the same Fedex mail to USCIS or should i sent the package separately.
2) I should be sending my application to Dallas PO box right? My initial 485 . 765, 131 were sent to Dallas.( The reason for this question is , currently my 485 has moved to FO, so wanted to be sure where i need to send the applications to)?

can you please respond to this queries. thank you in advance :)

[idliman]

I am going to do my first EAD/AP renewal for me and my spouse. Thank you for this thread, it is of immense help/ few initial questions i have is,

1) can i send mine 131 & 765 and my Spouse 131 & 765 in the same Fedex mail to USCIS or should i sent the package separately.
2) I should be sending my application to Dallas PO box right? My initial 485 . 765, 131 were sent to Dallas.( The reason for this question is , currently my 485 has moved to FO, so wanted to be sure where i need to send the applications to)?

can you please respond to this queries. thank you in advance :)

1. And 2. Yes all 4 applications in same FedEx envelope to Dropbox address from USCIS website. See post #25.

Each form should be a standalone package with all its supporting info and cover letter at top. Put binder clip for each form. Use paper clips and no staples. You will get 4 co sequential receipt notices.

[racharox]

Another question idliman. It looks obvious here, but just want to have another say on this. When filing these forms(I-765 or I-131) what do you answer for this - "Contact Information, Declaration, and Signature of the person preparing this application, If other than applicant"? If self filing, we can leave this part empty right?

[racharox]

Another question idliman. It looks obvious here, but just want to have another say on this. When filing these forms(I-765 or I-131) what do you answer for this - "Contact Information, Declaration, and Signature of the person preparing this application, If other than applicant"? If self filing, we can leave this part empty right?

Also how should this question 4a in form I131 be answered if you are applying for EAD/AP renewal. Current EAD/AP expires Jan 22

"Have you ever before been issued a reentry permit or Refugee Travel Document? (If "Yes" give the following information for the last document issued to you):"

[mesan123]

1. And 2. Yes all 4 applications in same FedEx envelope to Dropbox address from USCIS website. See post #25.

Each form should be a standalone package with all its supporting info and cover letter at top. Put binder clip for each form. Use paper clips and no staples. You will get 4 co sequential receipt notices.. Thank you for quick reply. One more question.

I am applying for EAD renewal and am still on H1b.. what I need to fill in the application as current status ? any one is same situation ? As now am on H1B .. can I mention as H1B??

[maverick123]

Also how should this question 4a in form I131 be answered if you are applying for EAD/AP renewal. Current EAD/AP expires Jan 22

"Have you ever before been issued a reentry permit or Refugee Travel Document? (If "Yes" give the following information for the last document issued to you):"

I have filled everything and ready to file. Just stuck on the above question and this one below.

In I-765, what do you choose for question #15? No selection was made in my original I-765. Is it ok to leave it blank?

[racharox]

I have filled everything and ready to file. Just stuck on the above question and this one below.

In I-765, what do you choose for question #15? No selection was made in my original I-765. Is it ok to leave it blank?

It should be left empty right, assuming you already have SSN. If you answer no to item # 14 then item # 15 is not applicable

[idliman]

"Contact Information, Declaration, and Signature of the person preparing this application, If other than applicant"? If self filing, we can leave this part empty right?
Page 4, Part 3; Check box 1.a; Complete 3, 4,5 and leave 6 unchecked. Sign in 7a and date 7b.


Also how should this question 4a in form I131 be answered if you are applying for EAD/AP renewal. Current EAD/AP expires Jan 22
4a. Should be ?No?. A reentry permit and refugee travel document means different things. Reentry permit is issued after you get GC.


I am applying for EAD renewal and am still on H1b.. what I need to fill in the application as current status ? any one is same situation ? As now am on H1B .. can I mention as H1B??
Yes H1-B. It should also reflect in I-94;


In I-765, what do you choose for question #15? No selection was made in my original I-765. Is it ok to leave it blank?
Leave 14 and 15 blank if you already have a SSN.

[racharox]

Page 4, Part 3; Check box 1.a; Complete 3, 4,5 and leave 6 unchecked. Sign in 7a and date 7b.


4a. Should be ?No?. A reentry permit and refugee travel document means different things. Reentry permit is issued after you get GC.


Yes H1-B. It should also reflect in I-94;


Leave 14 and 15 blank if you already have a SSN.

Thanks idliman. Do we have to send I131 to separate mailing address or can it be sent together(I-765 and I-131) to same address as detailed below?
https://www.uscis.gov/i-765-addresses

To me it looks like I-765 have to be filed based on the mailing address for form I-131? Based on the wording below from USCIS?

"If you are filing Form I-765 with another form, file both forms at the location specified by the other form. For example, if you are filing Form I-765 with a Form I-539, file both forms according to the Form I-539 Instructions. Use addresses below only when you are NOT submitting Form I-765 with another form"

[idliman]

Thanks idliman. Do we have to send I131 to separate mailing address or can it be sent together(I-765 and I-131) to same address as detailed below?
https://www.uscis.gov/i-765-addresses

To me it looks like I-765 have to be filed based on the mailing address for form I-131? Based on the wording below from USCIS?

"If you are filing Form I-765 with another form, file both forms at the location specified by the other form. For example, if you are filing Form I-765 with a Form I-539, file both forms according to the Form I-539 Instructions. Use addresses below only when you are NOT submitting Form I-765 with another form"
Sorry. Did not check forum recently. Please see the instructions in the template.


Always check and confirm the mailing address (lockbox) from USCIS website before mailing. They can change it anytime. If you are applying EAD/AP renewal together you will send to EAD address.

If you are applying for a combo card, then send to I-765 address. Look at USCIS website and there will be a section called "Where to file" for each form. You can also see previous posts in this thread. There is one with the link to the address page. As a precaution, I avoid pasting address here. I am of the opinion that everyone should verify the address directly from USCIS website (as they can change it anytime for load balancing).

[mesan123]

Idiliman : I have a question on form 131.

Part 4 ( page 3), question 1.a : purpose of trip and question 1.b : list the countries you intend to visit, should we complete those 2 question, if so what should be enter

[sling10]

I have a question on form 131.

Part 4 ( page 3), question 1.a : purpose of trip and question 1.b : list the countries you intend to visit, should we complete those 2 question, if so what should be enter

On Page 2, below 3.b. the following is mentioned : If you are applying for a non-DACA related Advance Parole Document, skip to Part 7; DACA recipients must complete Part 4 before skipping to Part 7.

So, Part 4 can be skipped as it is intended for DACA recipients.

[mesan123]

On Page 2, below 3.b. the following is mentioned : If you are applying for a non-DACA related Advance Parole Document, skip to Part 7; DACA recipients must complete Part 4 before skipping to Part 7.

So, Part 4 can be skipped as it is intended for DACA recipients.

It is not part of DACA questions. The part 4. question is for " Information about Proposed travel" . I think we need to complete it

[Turbulent_Dragonfly]

It is not part of DACA questions. The part 4. question is for " Information about Proposed travel" . I think we need to complete it

It says on the form at the end of Page 2 - "If you are applying for a non-DACA related Advance Parole Document, skip to Part 7; DACA recipients must complete Part 4
before skipping to Part 7."

[idliman]

Idiliman : I have a question on form 131.

Part 4 ( page 3), question 1.a : purpose of trip and question 1.b : list the countries you intend to visit, should we complete those 2 question, if so what should be enter
Please type "Reqest letter is attached". See the template for the request letter and modify it for your use. Attach it after the last page (5th page) of I-131. The letter is part of I-131 form.

[idliman]

It says on the form at the end of Page 2 - "If you are applying for a non-DACA related Advance Parole Document, skip to Part 7; DACA recipients must complete Part 4
before skipping to Part 7."
In the last few renewals, I had completed Part 4, 1a as "Request letter is attached" or "See attached request letter". Then attached a request explaining where I am planning to visit (Hypothetically).

[idliman]

It looks like it might help a thousand people if I upload a sample completed form that goes with matching cover letters. I cannot promise the timeline, but will work on it for the benefit of folks here.

In the meanwhile, the template says you should request for the copy of the first I-765 / I-131 form prepared by your attorneys. If you can refer to that it will help.

[SudhirImmi]

Thanks idliman for all the info.

I am trying to Renew my EAD/AP

In my case the last time I entered the US with a Valid Visa was in Apr, 2016. And I-94 got updated with that date as an entry.
But in Feb, 2019 I visited Canada for a couple of days and used AVR (Automatic Visa Revalidation) to enter the US. Re-entering the United States with a Valid I-94 Form (H1B approval) and Expired Visa. But for this entry the I-94 is not updated, not sure if that is a normal process when using AVR.

Now for my I-765 application.
Page 3, Question 22: Date of Last arrival into the United States ?
for this should I be entering the one on I-94 (Apr 2016) or Feb, 2019 (when I entered using AVR).

As I would be attaching the I-94 to the EAD renewal application would it be confusing or contradicting, if I use the last entry date in Feb 2019 ?

[GCGCGCGC]

It looks like it might help a thousand people if I upload a sample completed form that goes with matching cover letters. I cannot promise the timeline, but will work on it for the benefit of folks here.

In the meanwhile, the template says you should request for the copy of the first I-765 / I-131 form prepared by your attorneys. If you can refer to that it will help.

Thanks much Idliman for putting everything together for EAD/AP renewal. This thread is great help. I just filed mine.

[airride1]

This is really useful thread;
is I-94 a mandatory document?
am asking because my spouse's H4 is still awaiting approval and the last I-94 is expired. so should I wait till I get her approval and then file?

[qesehmk]

This is really useful thread;
is I-94 a mandatory document?
am asking because my spouse's H4 is still awaiting approval and the last I-94 is expired. so should I wait till I get her approval and then file?

I would simply use the last one issued even if it is expired.

[airride1]

I would simply use the last one issued even if it is expired.

will do; Thanks!

[SudhirImmi]

I would simply use the last one issued even if it is expired.

When you mean I-94 - is it the online copy of I-94 or the one at the bottom of my H1B Approval. As I did not travel outside US for few years now. My online I-94 does show it expired in 2016. But as I have kept on approving my H1B that same I-94 number is printed on the H1B approval copies. That being said when we say "I-94 Copy" to be attached what do you mean ?


Also another question in 131 instructions - for AOS I see following document needs to be attached.
"A copy of any document issued to you by USCIS showing your present status, if any, in the United States; and"

Does this mean
1. H1B approval or
2. Previous EAD combo card or
3. Previous 765 or 131 Approval notices
4. 485 receipt Notice
5. Online I-94 copy

[GCGCGCGC]

When you mean I-94 - is it the online copy of I-94 or the one at the bottom of my H1B Approval. As I did not travel outside US for few years now. My online I-94 does show it expired in 2016. But as I have kept on approving my H1B that same I-94 number is printed on the H1B approval copies. That being said when we say "I-94 Copy" to be attached what do you mean ?


Also another question in 131 instructions - for AOS I see following document needs to be attached.
"A copy of any document issued to you by USCIS showing your present status, if any, in the United States; and"

Does this mean
1. H1B approval or
2. Previous EAD combo card or
3. Previous 765 or 131 Approval notices
4. 485 receipt Notice
5. Online I-94 copy

For I-94, just include the H1B approval notice (one at the bottom of your H1B Approval).

I just added the following for my renewal.


1. 485 receipt Notice
2. Previous EAD combo card ( front of card, back of card and full page with bar code total 3 pages)
3. H1B approval notice( For I-94)

Hope this helps

[idliman]

When you mean I-94 - is it the online copy of I-94 or the one at the bottom of my H1B Approval. As I did not travel outside US for few years now. My online I-94 does show it expired in 2016. But as I have kept on approving my H1B that same I-94 number is printed on the H1B approval copies. That being said when we say "I-94 Copy" to be attached what do you mean ?


Also another question in 131 instructions - for AOS I see following document needs to be attached.
"A copy of any document issued to you by USCIS showing your present status, if any, in the United States; and"

Does this mean
1. H1B approval or
2. Previous EAD combo card or
3. Previous 765 or 131 Approval notices
4. 485 receipt Notice
5. Online I-94 copy
I did help a friend recently for EAD/AP renewal. I had included online-I-94 and I-94 from H1B renewal. I used a paper clip to tie two I-94s together. As you might know, when you renew H1B/H4, the I94 number will remain the same and only the validity period changes. Basically I94 tells the AO that you are in status now. I-94 is not a requirement, because everyone doing a (c)(9)(P) renewal has underlying "AOS Pending" status. HTH.

[SudhirImmi]

I did help a friend recently for EAD/AP renewal. I had included online-I-94 and I-94 from H1B renewal. I used a paper clip to tie two I-94s together. As you might know, when you renew H1B/H4, the I94 number will remain the same and only the validity period changes. Basically I94 tells the AO that you are in status now. I-94 is not a requirement, because everyone doing a (c)(9)(P) renewal has underlying "AOS Pending" status. HTH.

One more quick Question. My wife is also filling her EAD&AP renewal along with me.
Do we need to include the marriage certificate for Spouse/dependent within the 765 & 131 application documents ?

[idliman]

One more quick Question. My wife is also filling her EAD&AP renewal along with me.
Do we need to include the marriage certificate for Spouse/dependent within the 765 & 131 application documents ?
No No No. Use the template and send only the documents listed. If you did not prove the marriage is valid, they would not have even given you a H4 approval allowed spouse to enter the country, isn't it?

The only document USCIS is looking for is I-485 receipt notice to approve EAD+AP for C(9)(P). Others are just supplemental in nature. Law only says that your I-485 has to be pending, not approved or not denied for EAD/AP benefit. Hence, it is called Trishanku Status. You are in between H1B and GC.

[racharox]

Hello Idliman/Gurus, Based on your experience what will happen to pending EAD/AP applications once GC is approved? A case when GC is approved after the receipt of EAD/AP application. Do we have to ask USCIS to stop processing those applications or just ignore?

[andhraguy]

Hello Idliman/Gurus, Based on your experience what will happen to pending EAD/AP applications once GC is approved? A case when GC is approved after the receipt of EAD/AP application. Do we have to ask USCIS to stop processing those applications or just ignore?

EAD/AP and I485 application process separately. EAD/AP is only issued when I485 is in pending status. When I485 is approved EAD/AP application will automatically expire. you should receive a rejected notice.

[idliman]

Hello Idliman/Gurus, Based on your experience what will happen to pending EAD/AP applications once GC is approved? A case when GC is approved after the receipt of EAD/AP application. Do we have to ask USCIS to stop processing those applications or just ignore?
Once your GC is approved, you are a Lawful Permanent Resident. You are a LPR since the day card production is ordered (CPO). It does not matter if it takes 1 week or 10 weeks to get your GC in hand. The GC will show that you are an LPR from the day CPO status was attained. However to show proof to the employer (for I-9) you need your card it hand or a temporary I-551 stamp in passport (1 year validity).

What happens to your non-immigrant status and work authorization does not matter. Because you are a LPR in the system. You can do a self e-Verify using just your Alien # (or USCIS #) and your I-485 receipt notice number. So whether they approve or deny a EAD/AP or H1B or H4 does not matter. It is just a waste of money on doing anything with non-immigrant status.

Just keep in mind that once the CPO status is attained, you are required to meet the requirement of GC holders (e.g, Staying 6 months physically in USA, Filing taxes as Resident Alien, etc.,). You can still work under an existing H1B, but still the system requires you to meet GC holder requirements.

[EB2JUL2010]

I am planning on renewing AP/EAD by myself. For the people who recently filed for EAD/AP renewal (combo card) based on employment based I485, where did you mail the applications? Idliman's instructions are pretty helpful (Thanks Idliman) but I am wondering if it is missing latest USCIS information. Idliman suggest that it should be sent to I765 filing address which is either Phoenix/Dallas lockbox; however USCIS website clearly says - "If you are filing Form I-765 with another form, file both forms at the location specified by the other form. For example, if you are filing Form I-765 with a Form I-539, file both forms according to the Form I-539 Instructions. Use the addresses below only when you are NOT submitting Form I-765 with another form."

So if I765 is being sent with I131, should the forms be sent to I131 filing address - which is either Chicago/Dallas/Phoenix lockbox? My I485 receipt starts with MSC, so it looks like Chicago lockbox. Is my assumption correct?

Below is the I131 filing information from USCIS
Filing your Form I-131 alone, and your Form I-485 receipt notice (Form I-797C, Notice of Action) Begins with MSC (example: MSC1234567890) - USCIS Chicago Lockbox
Filing your Form I-131 alone, and your Form I-485 receipt notice (Form I-797C, Notice of Action) Begins with:EAC (example: EAC123054956) - USCIS Dallas Lockbox
Filing your Form I-131 alone, and your Form I-485 receipt notice (Form I-797C, Notice of Action) begins with:LIN (example: LIN1230549568) - USCIS Phoenix Lockbox

[racharox]

Once your GC is approved, you are a Lawful Permanent Resident. You are a LPR since the day card production is ordered (CPO). It does not matter if it takes 1 week or 10 weeks to get your GC in hand. The GC will show that you are an LPR from the day CPO status was attained. However to show proof to the employer (for I-9) you need your card it hand or a temporary I-551 stamp in passport (1 year validity).

What happens to your non-immigrant status and work authorization does not matter. Because you are a LPR in the system. You can do a self e-Verify using just your Alien # (or USCIS #) and your I-485 receipt notice number. So whether they approve or deny a EAD/AP or H1B or H4 does not matter. It is just a waste of money on doing anything with non-immigrant status.

Just keep in mind that once the CPO status is attained, you are required to meet the requirement of GC holders (e.g, Staying 6 months physically in USA, Filing taxes as Resident Alien, etc.,). You can still work under an existing H1B, but still the system requires you to meet GC holder requirements.

Thank you Idliman.

[idliman]

I am planning on renewing AP/EAD by myself. For the people who recently filed for EAD/AP renewal (combo card) based on employment based I485, where did you mail the applications? Idliman's instructions are pretty helpful (Thanks Idliman) but I am wondering if it is missing latest USCIS information. Idliman suggest that it should be sent to I765 filing address which is either Phoenix/Dallas lockbox; however USCIS website clearly says - "If you are filing Form I-765 with another form, file both forms at the location specified by the other form. For example, if you are filing Form I-765 with a Form I-539, file both forms according to the Form I-539 Instructions. Use the addresses below only when you are NOT submitting Form I-765 with another form."

So if I765 is being sent with I131, should the forms be sent to I131 filing address - which is either Chicago/Dallas/Phoenix lockbox? My I485 receipt starts with MSC, so it looks like Chicago lockbox. Is my assumption correct?

Below is the I131 filing information from USCIS
Filing your Form I-131 alone, and your Form I-485 receipt notice (Form I-797C, Notice of Action) Begins with MSC (example: MSC1234567890) - USCIS Chicago Lockbox
Filing your Form I-131 alone, and your Form I-485 receipt notice (Form I-797C, Notice of Action) Begins with:EAC (example: EAC123054956) - USCIS Dallas Lockbox
Filing your Form I-131 alone, and your Form I-485 receipt notice (Form I-797C, Notice of Action) begins with:LIN (example: LIN1230549568) - USCIS Phoenix Lockbox
If you scroll on the same page at the bottom and look under (c)(9) (https://www.uscis.gov/i-765-addresses) [If You Have a Pending Adjustment of Status Application], you will get the filing address. I specifically avoid putting the address in this thread as they can change anytime and hence it is upto the applicant to verify it in the website.

I think you are unnecessarily worrying. If you have time, please read through all the posts, including some about filing address. EAD/AP renewal is a standard thing done on a standard template. I have not come across anyone whose EAD/AP was denied for (c)(9) category. It is straight forward. Thousands have followed this method and as far as USCIS is concerned they just want your I-485 receipt notice to approve this. Just read through all the posts in the thread. You will be good. Good Luck.

[montyp80]

Gurus, Few questions:

1. For EAD/AP renewal, do we need to appear for biometrics again?
2. What is the typical timeline for approval after the renewal packet is sent? Do we receive the new card only after the expiry date of the current card?

[idliman]

Gurus, Few questions:

1. For EAD/AP renewal, do we need to appear for biometrics again?
2. What is the typical timeline for approval after the renewal packet is sent? Do we receive the new card only after the expiry date of the current card?

No.
10.5 to 12 months for TSC. See https://egov.uscis.gov/processing-times/. Depending on when card is approved you may have overlapping validity or your card may be approved after previous one had expired. However, if you have underlying basis as (c)(9)(P), you are eligible for automatic 6 months extension. This was also extended to H4 EAD in some form recently (more fine print and restrictions for H4 EAD). That's why you should send in renewal paper work 6 months before expiry. This way you can allow USCIS to take up to 12 months for approval of EAD/AP card (6 month before expiry of card + 6 month automatic extension).

[vishwal24]

Hi Idliman,

Thanks for your detailed post.
I have a question regarding spouse status. I visited India and came back to US using my AP and my current I94 status shows as "DA". What would be status of my spouse that i suppose to enter in the application form? She didn't travelled to India and she was staying on H4 and she also received her EAD/AP Card. Should i say "H4" based on I94 or "DA" even for her as my status is changed to DA and i am no more on H1B status ?

Thanks,
Vishwa

[vishwal24]

Hi Idliman,

Thanks for your post.
Have a question on spouse status to be filled in the forms. I have used my AP and came back to US and my I94 status shows as "DA" but my wife didn't travelled and she is on H4 and she also has EAD/AP Card.
Should i update her status as per I-94 which is still showing as H4 or should i enter as" DA" as my status changed to "DA" and i am no more on H1B
Thanks,
Vishwa

[montyp80]

You will send to I-765 filing address.

USCIS Phoenix or Dallas Lockbox, based on where you live (Go to the USCIS Phoenix and Dallas Lockbox facilities chart (https://www.uscis.gov/forms/forms-information/uscis-phoenix-and-dallas-lockbox-facilities) for the address)
Filing Locations for Certain Form I-765, Application for Employment Authorization | USCIS (https://www.uscis.gov/forms/forms-information/uscis-phoenix-and-dallas-lockbox-facilities)

I don't want to copy paste addresses here as USCIS might change them anytime. So read them directly from USCIS website.

Good Luck.

Hi Idliman: Looks like I messed up and sent my renewal package to Chicago office (which is for Family based pending 485), What are my options here? Should I send a new package to Phoenix or hope that USCIS routes it to correct center?

Would appreciate your feedback.

[idliman]

Hi Idliman,

Thanks for your detailed post.
I have a question regarding spouse status. I visited India and came back to US using my AP and my current I94 status shows as "DA". What would be status of my spouse that i suppose to enter in the application form? She didn't travelled to India and she was staying on H4 and she also received her EAD/AP Card. Should i say "H4" based on I94 or "DA" even for her as my status is changed to DA and i am no more on H1B status ?

Thanks,
Vishwa

Status at Last entry --> DA
Current Immigration Status --> AOS Pending
Once someone enters using AP, their status changes to "AOS Pending". It does not matter if the one year term in I-94 DA had expired. The underlying "AOS Pending" status keeps you valid.

If you have an underlying H1B, the H1B remains valid if you still maintain the requirements (provided you used only the AP not the EAD). Before you renew H1B for next term status is still DA / AOS Pending. After you renew H1B and a new I-94 is issued then the status changes back to H1B.

[idliman]

Hi Idliman: Looks like I messed up and sent my renewal package to Chicago office (which is for Family based pending 485), What are my options here? Should I send a new package to Phoenix or hope that USCIS routes it to correct center?

Would appreciate your feedback.
Sorry to hear that. Please look at https://www.uscis.gov/about-us/organization/directorates-and-program-offices/management-directorate/office-of-intake-and-document-production/lockbox-filing-information


If You Sent Your Form to the Wrong Filing Location
If you mailed your form to an incorrect Lockbox facility, your submission may be forwarded to the correct processing facility. However, if your form is not processed by a Lockbox facility, your package will be returned to the address provided on your forms.

If you believe your package has been lost, please contact your carrier service. If you have questions regarding your submission after 30 business days of processing, you may contact Lockbox Support at lockboxsupport@uscis.dhs.gov for review of your submission.

[idliman]

Hi Idliman,

Thanks for your post.
Have a question on spouse status to be filled in the forms. I have used my AP and came back to US and my I94 status shows as "DA" but my wife didn't travelled and she is on H4 and she also has EAD/AP Card.
Should i update her status as per I-94 which is still showing as H4 or should i enter as" DA" as my status changed to "DA" and i am no more on H1B
Thanks,
Vishwa
I forgot that you have a two part question. The earlier question on spouse status is DA & AOS Pending.

If the derivative / spouse uses EAD/AP, [a) either works in EAD or b) uses AP to enter the country or c) both], only the spouses status changes to DA / AOS Pending.

If the primary / husband uses EAD/AP:
If only AP is used then primary status is DA/AOS Pending. H1B remains dormant till next renewal.
If EAD is used, then H1B gets cancelled. There have been detailed discussions on this topic. Somewhat grey. Safe to take that H1B is cancelled.
Once primary changes to "AOS Pending", the derivatives (H4 or L2) gets cancelled as the underlying H1/L1 is not valid. They can work and travel if they have EAD/AP or both.

Basically the derivatives status is dependent on the primary applicant status.

[gammaray]

Hi Idliman: Looks like I messed up and sent my renewal package to Chicago office (which is for Family based pending 485), What are my options here? Should I send a new package to Phoenix or hope that USCIS routes it to correct center?

Would appreciate your feedback.

Not sure how but my employer's legal had filed the EAD/AP renewal electronically ( receipt started with IOE). I would look into that as an option ( you may still have to send the hard copies of the supporting documentation).

[gammaray]

If the primary / husband uses EAD/AP:
If only AP is used then primary status is DA/AOS Pending. H1B remains dormant till next renewal.

Once primary changes to "AOS Pending", the derivatives (H4 or L2) gets cancelled as the underlying H1/L1 is not valid. They can work and travel if they have EAD/AP or both.

.

The caveat to the primary using just the AP is that the primary can continue working with the current h1b on file as if nothing changed, and not have to use the EAD. I am assuming the dependent can also continue using the H4 on file without having to switch to EAD, though Cronin's memo doesn't really talk about dependents.

[rohanvus]

I forgot that you have a two part question. The earlier question on spouse status is DA & AOS Pending.

If the derivative / spouse uses EAD/AP, [a) either works in EAD or b) uses AP to enter the country or c) both], only the spouses status changes to DA / AOS Pending.

If the primary / husband uses EAD/AP:
If only AP is used then primary status is DA/AOS Pending. H1B remains dormant till next renewal.
If EAD is used, then H1B gets cancelled. There have been detailed discussions on this topic. Somewhat grey. Safe to take that H1B is cancelled.
Once primary changes to "AOS Pending", the derivatives (H4 or L2) gets cancelled as the underlying H1/L1 is not valid. They can work and travel if they have EAD/AP or both.

Basically the derivatives status is dependent on the primary applicant status.

Hi Idliman,

Thanks for helping folks with your knowledge. I have a unique situation and not getting any clear answer.

Bit of background

I had filed 485 ( EB3-downgrade ) in Oct 2020 and EB3 i-140 is not yet approved (despite multiple premium processing attempts ) .
Since i was current in EB2 as well ( My PD is Dec 2,2011) i refiled fresh 485 under EB2 in Oct 2021 and along with i also submitted new application for EAD/AP . Before refiling EB2-485 i sent withdrawal letter for EB3-485 (per company's lawyer advice ) which till date USCIS has not acknowledged .

Questions
In Nov 2021 , i received EAD-AP combo card which was based on EB3-485 . However , from what i have heard is that USCIS cannot issue 2 EAD/AP under same C9 category .

a) Right now the latest EAD/AP applications that i applied in Oct 2021 when refiling 485 under EB2 ,are in status "Case Received" since last 3 months . Does this mean eventually this latest EAD/AP application will be denied eventually ?

b) Is EAD/AP combo card tied to a specific 485 receipt number or is independent of that as long as there is some AOS pending ?

c) The EAD/Combo card ( that i applied with EB3-485) is valid till Nov 2023 . I am not sure if this EAD/AP combo card is valid anymore as technically i withdrew EB3-485 (though USCIS has not confirmed the withdrawal) .
Assume the EAD/AP combo card is valid , but when it comes to renewal , can i send EB2-485 receipt for the proof of AOS pending status instead of EB3-485 at that point or instead of renewal i must file a fresh EAD/AP again ?

Thanks for your help

[idliman]

The moment you had filed a second I-485 on top of an existing I-485, all previous case histories and past experience based actions are off. Only rarely law firms submit a second I-485. So I would be kidding if I say your case is complicated.

EAD/AP is provided based on a pending I-485. So if any AOS application is pending, you still qualify to use the EAD/AP in hand. I doubt you will find references for your case in field manual or memos as it is not a common occurrence. So you just have to go with the intent of the law.

a) When USCIS looks at the EAD/AP application, they just verify that the AOS is pending. So if the second I-485 is pending, they should approve another EAD/AP. I don?t know if there are any internal programming in USCIS system to throw red flags for your case. If an experienced adjudicator looks at your case, he may get to the bottom and may deny EAD/AP or send some sort of RFE. It is just a guess.
b) EAD/AP card is tied to underlying status. Everything works using A#. Not sure how the USCIS system is programmed.
c) USCIS works via established processes. You cannot simply send something by mail to them and hope it works. The outcome is undefined. When the time comes to renew EAD/AP, you will send the supporting evidence (I-485 receipt number) that is valid at that time. I have not seen references to whether existing EAD/AP is still valid or not.

My advice will be to slow it down and wait for things to settle. You are already at 14+ months from I-140 so that should be approved anytime. Getting I-140 through should be your top priority. Get legal opinion on using EAD/AP approved through downgrade I-485. Other than that whatever I have typed above is just an opinion. Your case is not straightforward. I don't know enough things to guide you one way or another.

[montyp80]

Sorry to hear that. Please look at https://www.uscis.gov/about-us/organization/directorates-and-program-offices/management-directorate/office-of-intake-and-document-production/lockbox-filing-information


Sorry to hear that. Please look at https://www.uscis.gov/about-us/organization/directorates-and-program-offices/management-directorate/office-of-intake-and-document-production/lockbox-filing-information

Thank you for your reply, Idliman. I will wait it out for another week or so before reaching out to USCIS again.

I haven't received the rejected package and it's been 20 days. I will probably send an email to USCIS early next week to find out if they can track my package. Overall its a mess and no one but myself to blame!

[montyp80]

Not sure how but my employer's legal had filed the EAD/AP renewal electronically ( receipt started with IOE). I would look into that as an option ( you may still have to send the hard copies of the supporting documentation).

Thanks, I will certainly look in to that. But because we do have to send in photographs as well so I am thinking might as well mail in the package.

[rohanvus]

The moment you had filed a second I-485 on top of an existing I-485, all previous case histories and past experience based actions are off. Only rarely law firms submit a second I-485. So I would be kidding if I say your case is complicated.

EAD/AP is provided based on a pending I-485. So if any AOS application is pending, you still qualify to use the EAD/AP in hand. I doubt you will find references for your case in field manual or memos as it is not a common occurrence. So you just have to go with the intent of the law.

a) When USCIS looks at the EAD/AP application, they just verify that the AOS is pending. So if the second I-485 is pending, they should approve another EAD/AP. I don?t know if there are any internal programming in USCIS system to throw red flags for your case. If an experienced adjudicator looks at your case, he may get to the bottom and may deny EAD/AP or send some sort of RFE. It is just a guess.
b) EAD/AP card is tied to underlying status. Everything works using A#. Not sure how the USCIS system is programmed.
c) USCIS works via established processes. You cannot simply send something by mail to them and hope it works. The outcome is undefined. When the time comes to renew EAD/AP, you will send the supporting evidence (I-485 receipt number) that is valid at that time. I have not seen references to whether existing EAD/AP is still valid or not.

My advice will be to slow it down and wait for things to settle. You are already at 14+ months from I-140 so that should be approved anytime. Getting I-140 through should be your top priority. Get legal opinion on using EAD/AP approved through downgrade I-485. Other than that whatever I have typed above is just an opinion. Your case is not straightforward. I don't know enough things to guide you one way or another.

Thanks idliman . Yes , in hindsight going for EB3 downgrade in Oct 2020 was a huge mistake .
However , in Oct 2020 it seemed once in a while opportunity to file 485 ( state of being so close yet so far for last 1 decade ) and since company was allowing for downgrade so took that chance - wish could undo that
Its been a frustrating story so far. You are right about letting things settle down - am just in wait and watch mode now and hoping EB3-140 gets cleared soon

[montyp80]

Sorry to hear that. Please look at https://www.uscis.gov/about-us/organization/directorates-and-program-offices/management-directorate/office-of-intake-and-document-production/lockbox-filing-information

Hi Idliman, so just a quick update on my case. USCIS did manage to route my application correctly (at least I believe so) because last week I received text notifications of acceptance of my applications with receipt numbers. The received date was 12/20/21, that is when the wrong center received my renewal package originally. However, what's off is that the receipt number starts with IOE instead of MSC where my 485 is pending. Not sure why this is the case, any thoughts?

[SG2020]

IOE - USCIS Electronic Immigration System (ELIS). This just indicates you submitted application electronically. When you get the receipt notice, it will have the processing center name on the notice.



Hi Idliman, so just a quick update on my case. USCIS did manage to route my application correctly (at least I believe so) because last week I received text notifications of acceptance of my applications with receipt numbers. The received date was 12/20/21, that is when the wrong center received my renewal package originally. However, what's off is that the receipt number starts with IOE instead of MSC where my 485 is pending. Not sure why this is the case, any thoughts?

[montyp80]

IOE - USCIS Electronic Immigration System (ELIS). This just indicates you submitted application electronically. When you get the receipt notice, it will have the processing center name on the notice.

Yes, I am aware IOE is assigned to electronically filed applications, however, I mailed in my package. Anyway, I am seeing the receipts in the mail today from NBC. :)