EAD extension for expired EAD's - Can I e-file ?

[kpvisa]

Our Green Card status is - AOS (485 applied in Aug 07) , EB3 with priority date of May 2004 and I have 3 years left on my H1.

Our (my spouse and mine) EAD's expired in Oct 2008. I am working on H1 and my wife just quit working in August 2008. (She was using her L1B till June 08 and for July 2008 - she used EAD; now her status is AOS). Therefore I did not extend the EAD's earlier.

Now, I have decided to apply/extend EAD's anyways for both of us. Can I e-file ? I am not sure whether this would be treated as EAD extension case or applying for a new EAD.

2) Would it be safer if I paper file or e-file?

Thanks in Advance.

 

[hoochie]

I ve had bad experiences with both. Last year eFiled late we got the renewal on time. This year I e-filed and its been 100 days and still waiting.

advantage of efileing is immediately you get the receipt and can follow up - Paper could go into a blackhole. Disclaimer - My track record is 50:50 so hence you can take a call.

 

[mmed]

Our Green Card status is - AOS (485 applied in Aug 07) , EB3 with priority date of May 2004 and I have 3 years left on my H1.

Our (my spouse and mine) EAD's expired in Oct 2008. I am working on H1 and my wife just quit working in August 2008. (She was using her L1B till June 08 and for July 2008 - she used EAD; now her status is AOS). Therefore I did not extend the EAD's earlier.

Now, I have decided to apply/extend EAD's anyways for both of us. Can I e-file ? I am not sure whether this would be treated as EAD extension case or applying for a new EAD.

2) Would it be safer if I paper file or e-file?

Thanks in Advance.

Efile or paper based is the same with advantages and disadvantages to both of them. efile needs an extra trip to do biometrics which is a pain if you are hundreds of miles away from the center. Both have no effect on approval interval. My self I prefer paper based. EAD/AP are optional and required only for work/travel and has no impact on status as many think. Pending I485 is more than enough if you are not working or traveling.

 

[kpvisa]

Thanks for the input. I will evaluate and take a decision on paper or e-filing - now that I know that I can use either.

Quick q though 1) I should be able to file Advance Parole for my wife irrespective of whether or not I apply for her EAD correct ? Since her status is AOS she can only travel AP and so I rather have it .

2) When I do apply for EAD - will it be considered a renewal or applying for a new EAD , given that our old ones have expired in Oct 2008.

thanks in advance.

 

[Jackolantern]

Quick q though 1) I should be able to file Advance Parole for my wife irrespective of whether or not I apply for her EAD correct ? Since her status is AOS she can only travel AP and so I rather have it .

Correct, she can apply for the AP without EAD, or vice versa. But it still highly advisable to apply for the EAD anyway, because if you wait until it is actually needed, by then it is too late because it takes 2-4 months to get approved.

2) When I do apply for EAD - will it be considered a renewal or applying for a new EAD , given that our old ones have expired in Oct 2008.

The I-765 instructions say this:

Renewal EAD: An EAD issued to an eligible applicant at or after the expiration of a previous EAD issued under the same category.