EAD based on pending asylum - gap between two EADs
- Thread starter rshar
- Start date
Seems like you have some experience in that, sadsoul. from what I gathered below
https://www.federalregister.gov/d/2016-27540/p-752
https://www.federalregister.gov/d/2016-27540/p-756
https://www.federalregister.gov/d/2016-27540/p-757
The EAD will automatically be extended for 180 days after expiration. is that something you aware of?
The USCIS link for the publish https://www.uscis.gov/news/news-rel...ased-immigrant-and-nonimmigrant-visa-programs
Yes, employment authorization should be automatically extended, according to that rule. However, no guidance has been published about this on the I-9 or employer handbook (which still says that receipts for renewal are not accepted) so it may not convince your employer.
Update: You can show this Fact Sheet: https://www.uscis.gov/sites/default...ntral/FactSheets/Fact-Sheet-AutoExtendEAD.pdf
This would act as a strong evidence, Thanks so much. Do you have an insight on Trump's new EO on pausing/rejecting all EAD applications for people from the 7 countries, whether it is active and worked by?
No, it doesn't depend on them. It's a final rule that went through the rulemaking process for several years and is published in the Federal Register. They would either have to go through the long rulemaking process to publish a new rule to change it, or Congress would have to use the Congressional Review Act to overturn the rule (since it was published recently).
CWH
Active Member
"Foreign nationals filing EAD renewal applications under some employment eligibility categories may receive automatic extensions of their expiring EAD for up to 180 days. The extension begins on the date the EAD expires and continues for 180 days unless the application is denied. Employees with a timely filed EAD application that is still pending may qualify for the 180-day automatic extension, even if that application was filed prior to the effective date of this rule (Jan. 17, 2017)"
The key word is some employment eligibility categories and according to below
"3. The renewal application was filed on the basis of a qualifying eligibility category code. As of the date of publication, eligibility category 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."
i just filed my 2nd renewal ead today (02/02/17) and i have approx 2months before my current ead expires on 04/07/17. i am so happy that c08 is in the list!!!!
thank you @newacct for the link and @rshar for the original post!
An EAD is a Form I-766. The form to apply for an EAD is Form I-765. Just like a green card is I-551 (whereas a form to apply for it might be I-485). Or that an Advance Parole is Form I-512, a Re-entry Permit is Form I-327, a Refugee Travel Document is Form I-571, but the form to apply for all three is I-131.
The documents that USCIS issue to you have form numbers too; it's just not well known.
CWH
Active Member
thank you, thank you, thank you!!!! i am so careless to find out that the ead card itself is i-766. now i feel relieved. with the automatic 180 day extension, i should be fine with no gap of employment.