EAD / AP Renewal Sample format

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Originally Posted by idliman

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.

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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 ?

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Originally Posted by sling10

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 ?

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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.

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Originally Posted by idliman

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.

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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 :)

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Originally Posted by mesan123

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 :)

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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.

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?

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Originally Posted by 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?

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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):"

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Originally Posted by idliman

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.

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. 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??

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Originally Posted by racharox

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):"

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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?

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Originally Posted by maverick123

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?

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

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"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?

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

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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

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

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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??

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

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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?

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

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Originally Posted by idliman

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.

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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"

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Originally Posted by racharox

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"

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Sorry. Did not check forum recently. Please see the instructions in the template.

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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.

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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).

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

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Originally Posted by mesan123

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

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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.

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Originally Posted by sling10

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.

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

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Originally Posted by mesan123

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

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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."

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Originally Posted by 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

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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.

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Originally Posted by Turbulent_Dragonfly

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."

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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).

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 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 ?

Quote:

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Originally Posted by 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.

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

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?

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Originally Posted by 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?

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

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Originally Posted by qesehmk

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

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will do; Thanks!

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Originally Posted by qesehmk

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

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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

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Originally Posted by SudhirImmi

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

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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

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Originally Posted by SudhirImmi

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

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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.

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Originally Posted by idliman

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.

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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 ?

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Originally Posted by SudhirImmi

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 ?

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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.

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?

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Originally Posted by 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?

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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.

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Originally Posted by 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?

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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.

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

Quote:

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Originally Posted by idliman

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.

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Thank you Idliman.

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Originally Posted by 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

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If you scroll on the same page at the bottom and look under (c)(9) [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.

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?

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Originally Posted by 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?

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1. No.
2. 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).

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

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

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Originally Posted by idliman

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 for the address)
Filing Locations for Certain Form I-765, Application for Employment Authorization | USCIS

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

Good Luck.

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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.