90 day prior to expiry rule for EAD?

[DesiG]

Hello,

It is time for me to renew my EAD (again!) this year, and for some reason I seem to recall a "rule" that says you cannot apply for renewal more than 90 days prior to the expiration of the current EAD. However, I can 't see any language to that effect in either the instructions or in these forums (the definitive source for info! )

I would like to send in the application and be done with it, but could someone please confirm that this rule is actually in place, and not just "de facto" in place due to the "emergency EAD" provisions after 90 days?

Also - are they still handing out two year EADs now, or are they back to a 1-year deal?

Thanks,
DG

 

[Jackolantern]

The rule is that you can't apply before 120 days prior to expiration.
http://www.uscis.gov/portal/site/us...nnel=820a0a5659083210VgnVCM100000082ca60aRCRD

That governs how early you can apply. The other rule (90 days) about how late you can apply is a de facto one based on the statutory 90-day processing time and your rights to get an expedited EAD if it's pending for more than 90 days. Applying after the 90-day mark only means that you're at greater risk of having your current one expire before the next one is approved; it won't be rejected for applying too late.