EAD/AP renewal 4 months or 6 months in advance?

2

2002calabor

Registered Users (C)
Since this forum has a lot of ppl who have had EAD/AP for years someone might know this.
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply 6 months in advance. Can someone post a USCIS link that provides a definitive answer?
 
Just a note about EADs. Remember that regardless of when you file or when your previous one expires, your EAD will only be valid for 12 months from the date of issue.

Also, USCIS has process in place to ensure delivery of EAD at the 90 day mark.

So, filing any time before the 4 month mark is wasting EAD validity.

That said, I see no restriction as to when one can file EAD (unlike, say I-129).

If you wish to file now, go ahead.
 
Now they issue EAD with a validity date starting at the expiration of your previous EAD, NOT the issue date, so there is no harm in filing earlier. Delivery on the 90 day mark is not guaranteed, and there is plenty on people even on this forum who suffered because their EADs weren't approved in 90 days. So there is potentially much more harm in filing later. Just my 2 cents.

P.S. This is not a legal advice as I am not a lawyer, I even don't play one on TV.
 
I just got my 3rd EAD renewal and it took 115 days to get approval and I was lucky that I just got 2 days before my earlier EAD expiration date and it created so much tension for me. Even my lawer told me that one can apply 6 months in advance. Also these days RFE on EAD is common and that reset yor 90 days clock. My suggestions to every one apply as much as early you can and thats 6 months to avoid lossing your jobs.

regards,
Rakesh
 
rrd is correct that RFE will restart the clock.
 
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