EAD (and/or AP) Renewal

[jimmys]

Hi All ,
any idea on the impact of the Pandemic on USCIS offices. I suppose all applications will get impacted if they close the offices . My wife and I have our EAD (through AOS) in process as it expires August first week and we had filed the application early feb. The current processing time shows 4.5-6.5 months for NSC.
If our EAD does not come by August , will be get an automatic extension ? https://www.uscis.gov/i-9-central/42...-circumstances says that the Eligibility Category must be C19 but my application has it as C09.

One Final Q: When I change a job on EAD, is it mandatory for one to file a Supplement J. I spoke to Fragoman and they told me that it is not mandatory to file the Supplement J as AC-21 does not really Mandate it . They said that the Supplement J is needed only if they get an RFE .

AFAIK, even the C09 category gets automatic extension of 180 days. My EAD/AP is pending since Nov '19. And, our current ones expire next month. Our lawyer told us there's an automatic 180 days extension for our EADs.

Fragoman is right. Filing Supplement J is not mandatory to when you change job on AOS. You have to be ready to file it when they send you an RFE or NOID. But, some law firms ask you to file it proactively to avoid any last minute surprises when you get an RFE (Just to be on the safer side).

[maverickwild]

Hi All ,
any idea on the impact of the Pandemic on USCIS offices. I suppose all applications will get impacted if they close the offices . My wife and I have our EAD (through AOS) in process as it expires August first week and we had filed the application early feb. The current processing time shows 4.5-6.5 months for NSC.
If our EAD does not come by August , will be get an automatic extension ? https://www.uscis.gov/i-9-central/42...-circumstances says that the Eligibility Category must be C19 but my application has it as C09.

One Final Q: When I change a job on EAD, is it mandatory for one to file a Supplement J. I spoke to Fragoman and they told me that it is not mandatory to file the Supplement J as AC-21 does not really Mandate it . They said that the Supplement J is needed only if they get an RFE .

My renewal was also due Aug 2020 (C09), i filed in Jan mid (Nebraska) to account for 6 months its taking for approvals.
I stopped looking at the tracker , thinking it will be delayed further due to pandemic closures.
I was pleasantly surprised when i got new card produced message for both me an wifey yesterday.
1-131 is still i process , I am more than satisfied with just the EAD for now .

Looking at receipt #'s closer to mine ,not an exception ,expect an approval soon.

[tendlya]

I think it is luck. We applied for my wife's EAD/AP renewal in last week of January and we received the approved combo card on Saturday. That is less than 2 months of processing time! Mine was applied in end of Feb. Let's see how long that takes. We had applied to NSC as well.

[Moveon]

AFAIK, even the C09 category gets automatic extension of 180 days. My EAD/AP is pending since Nov '19. And, our current ones expire next month. Our lawyer told us there's an automatic 180 days extension for our EADs.

Fragoman is right. Filing Supplement J is not mandatory to when you change job on AOS. You have to be ready to file it when they send you an RFE or NOID. But, some law firms ask you to file it proactively to avoid any last minute surprises when you get an RFE (Just to be on the safer side).

Thanks Jimmy. Will keep you guys posted on my Application progress.
Jimmy is your center NSC/TSC.

[jimmys]

Thanks Jimmy. Will keep you guys posted on my Application progress.
Jimmy is your center NSC/TSC.

Mine is NBC. It will be another few months before they get approved.

[Dallas111]

Hi
I am EB2 India and has been on EAD sionce 2012. I filed my AP renewal (only AP renewal not EAD/AP combo card) on July 18, 2019. After 2 service requests, my AP renewal has been denied.

Could it be because I filed my EAD/AP combo renewal on March 17th, 2020 as my EAD is left only for 6 months. Please advise. Its extremely frustrating. I can't even travel outside USA now.

My lawyer has said that we need to wait for denial notice.

[tendlya]

Hi
I am EB2 India and has been on EAD sionce 2012. I filed my AP renewal (only AP renewal not EAD/AP combo card) on July 18, 2019. After 2 service requests, my AP renewal has been denied.

Could it be because I filed my EAD/AP combo renewal on March 17th, 2020 as my EAD is left only for 6 months. Please advise. Its extremely frustrating. I can't even travel outside USA now.

My lawyer has said that we need to wait for denial notice.

If your combo card was expiring on March 17th, 2020 then the earliest you can file for renewal would have been Sep 17, 2019 (6 months before the expiry).

[smuggymba]

How much time is TSC taking these days on EAD/AP combo renewal? I'm 4.5 months out..so wondering should I file now or wait another month or so?

[idliman]

How much time is TSC taking these days on EAD/AP combo renewal? I'm 4.5 months out..so wondering should I file now or wait another month or so?

I know someone who got approved in 2 months time at TSC. However, I would advice you to file extension ASAP. Try to file it as soon as your 6 month renewal window starts. My 180 day clock just started and I plan to send my paperwork within a week.

[smuggymba]

I know someone who got approved in 2 months time at TSC. However, I would advice you to file extension ASAP. Try to file it as soon as your 6 month renewal window starts. My 180 day clock just started and I plan to send my paperwork within a week.

thx. In that case I'm late so starting on it form today. Will submit next Monday.

[idliman]

For people who renewed recently, did anyone select (c)(9)(P) in eligibility criterion? The following USCIS website states that we should do (c)(9)(P) when requesting a combo card. There is no mention of this code in I-765 instructions PDF, but only in website.

https://www.uscis.gov/forms/filing-f...65-other-forms

(c)(9) -- Pending adjustment applicants -- Yes -- I-485
(c)(9)(P) -- Pending adjustment applicants requesting a combo card -- Yes -- I-485/w//I-131

Edit: I went with code (c)(9)(P). Almost all attorney's say just do (c)(9) and USCIS will decide. Lets wait and see.

[smuggymba]

For people who renewed recently, did anyone select (c)(9)(P) in eligibility criterion? The following USCIS website states that we should do (c)(9)(P) when requesting a combo card. There is no mention of this code in I-765 instructions PDF, but only in website.

https://www.uscis.gov/forms/filing-f...65-other-forms

(c)(9) -- Pending adjustment applicants -- Yes -- I-485
(c)(9)(P) -- Pending adjustment applicants requesting a combo card -- Yes -- I-485/w//I-131

Edit: I went with code (c)(9)(P). Almost all attorney's say just do (c)(9) and USCIS will decide. Lets wait and see.

I file myself and use C(9) and have always gotten combo cards...fingers crossed this time. Can others chime in?

[smuggymba]

For people who file themselves, this is the cover letter I use:

________________________________________********** ***************___________________________________ ___
To,

The Immigration Officer,
USCIS
ATTN: NFB AOS
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067

Sub: Renewal Application for EAD (I-765) based on pending I-485 (Adjustment of Status)


Dear Officer,

My Adjustment of Status (I-485, Receipt#SRC1234567890) application is pending and my current EAD expires on 01/01/20XX. I am enclosing the following documentation to support my renewal application for EAD.


• “Tear-Off” portion from previous extension mailer.
• Completed form I-765, Application for Employment Authorization
• Form G-1145 (E-Notification)
• Copy of I-797C, Notice of Action, receipt of filing I-485
• Copy of Previously filed I-797, I-765 Approval Notice
• Copy of previously approved Employment Authorization Card (Front & Back)
• 2 color photographs (A# lightly printed in the back)
• Copy of latest I-94 arrival/departure card
• Copy of driver's license
• Copy of passport's biographic pages


I humbly request you to kindly approve the application and issue a 2-year EAD+AP card. I really appreciate your attention in this regard.

Thank you in advance for your time.

Sincerely,


XXXX
Cell:XXXX

[nbk1976]

For people who file themselves, this is the cover letter I use:

________________________________________********** ***************___________________________________ ___
To,

The Immigration Officer,
USCIS
ATTN: NFB AOS
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067

Sub: Renewal Application for EAD (I-765) based on pending I-485 (Adjustment of Status)


Dear Officer,

My Adjustment of Status (I-485, Receipt#SRC1234567890) application is pending and my current EAD expires on 01/01/20XX. I am enclosing the following documentation to support my renewal application for EAD.


• “Tear-Off” portion from previous extension mailer.
• Completed form I-765, Application for Employment Authorization
• Form G-1145 (E-Notification)
• Copy of I-797C, Notice of Action, receipt of filing I-485
• Copy of Previously filed I-797, I-765 Approval Notice
• Copy of previously approved Employment Authorization Card (Front & Back)
• 2 color photographs (A# lightly printed in the back)
• Copy of latest I-94 arrival/departure card
• Copy of driver's license
• Copy of passport's biographic pages


I humbly request you to kindly approve the application and issue a 2-year EAD+AP card. I really appreciate your attention in this regard.

Thank you in advance for your time.

Sincerely,


XXXX
Cell:XXXX

Maybe these words are more suited for an Indian passport renewal applications: “I humbly request you to kindly approve...”.

[idliman]

I always add this wording reminding them to approve for 2 year EAD.

Please approve the above mentioned applications with a two-year validity period since visa numbers for my category (EB2-India) has retrogressed and is unavailable for my priority date, according to the most recent Department of State Visa Bulletin.

HTH. Man we should be EAD renewal experts now. People who got EAD in 2012 should be on their 6th renewal or so. But still, it takes a solid 2+ Hours.

[smuggymba]

I always add this wording reminding them to approve for 2 year EAD.

Please approve the above mentioned applications with a two-year validity period since visa numbers for my category (EB2-India) has retrogressed and is unavailable for my priority date, according to the most recent Department of State Visa Bulletin.

HTH. Man we should be EAD renewal experts now. People who got EAD in 2012 should be on their 6th renewal or so. But still, it takes a solid 2+ Hours.

I agree on the last line part of my cover letter; it's from 2014 and I'm so lazy to change it LOL.

What matters are the docs that we send and that all important bar code mailer - I don't think USCIS looks at anything other than the bar code.

I'm almost 4 months and 10 days out out so hoping to get the renewal. It will be my 6th card.

[idliman]

I had used the (c)(9)(P) code for the first time. Our renewal packet was delivered to TSC on 16APR2020. I have not received any communication via text or email for receipt notice till now. Our cards expire in OCT. The waiting game begins.

[qesehmk]

Those concerned with EAD - my sense is that EAD's will be allowed for the same reasons (whatever they may be) H1Bs are allowed. So sleep peacefully.

[smuggymba]

I had used the (c)(9)(P) code for the first time. Our renewal packet was delivered to TSC on 16APR2020. I have not received any communication via text or email for receipt notice till now. Our cards expire in OCT. The waiting game begins.

My EAD expires in Aug end and I just send the packet that was delivered on 17th April. I used C9P as well for the first time.

So, I have 4 months and a 1 week to get renewed. The waiting game begins.

@idliman -You filed right on time. I was a little delayed so let's see. Is there any grace period to be still legal if my EAD is not renewed on time?

[NeelVohra]

Is there any grace period to be still legal if my EAD is not renewed on time?

If the extension is filed timely, the EAD only ( not AP ) has an automatic extension of 180 days for C9(p)
Automatic Extension URL

The eligibility category is listed on uscis.gov as eligible for EAD automatic extensions. As of the date of publication of this M-274, Handbook for Employers, eligibility categories codes for a 180-day automatic extension are A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31 and A12 or C19.

[gcpursuit]

My EAD expires in Aug end and I just send the packet that was delivered on 17th April. I used C9P as well for the first time.

So, I have 4 months and a 1 week to get renewed. The waiting game begins.

@idliman -You filed right on time. I was a little delayed so let's see. Is there any grace period to be still legal if my EAD is not renewed on time?

What is C9P ? Can someone throw light? I am confused when you all say you used c9p for the first time. I am going to file my EAD renewal and wanted to know if this is new.

thanks in advance.

[jimmys]

What is C9P ? Can someone throw light? I am confused when you all say you used c9p for the first time. I am going to file my EAD renewal and wanted to know if this is new.

thanks in advance.

If your AOS is pending(or filing for the first time), you apply your EAD in C09 category. As per current rules, if you file your EAD renewal before your current EAD expires, you will get an automatic 180 days extension. Hope this helps.

[gcpursuit]

Thank you jimmys. I was wondering what that 'P' stands for. I have used C9 in the past but not C9P. It was not listed in the instructions document.

Looks like it is on their website when you apply for combo card.

[Moveon]

Those concerned with EAD - my sense is that EAD's will be allowed for the same reasons (whatever they may be) H1Bs are allowed. So sleep peacefully.

Hi All ,
My EAD along with my Wife's is showing Approved. We applied around 3 rd week of Feb at Nebraska SC . This is EAD via AOS.
My AP expires later in the year.
thanks.

[Moveon]

Hi All ,
My EAD along with my Wife's is showing Approved. We applied around 3 rd week of Feb at Nebraska SC . This is EAD via AOS.
My AP expires later in the year.
thanks.