EAD question

[henryetta82]

Hi,

does anyone know why some people get their EAD renewed for 2 years and others only get it for one year when they apply for renewal?

Some people told me that you get it for 2 years after your I-140 is approved and I-485 is still pending. When both I-140 and I-485 are still pending then you only get it for 1 year. Is this true? If not, what is the reason behind this?

Thank you for your input

 

[justdoit]

Thats probably right.

 

[hari_kb]

If your I-485 is pending and your Priority date is not current, they give you a 2 year extension. If your PD is current, they give you one. It has got nothing to do with your I-140

 

[Jackolantern]

If your I-485 is pending and your Priority date is not current, they give you a 2 year extension.

Yes, that is the rule they said they're following, but they are not fully consistent with it, as some people have received just 1 year even though their PD is not current.

 

[henryetta82]

No consistency

Thank you for your replies.
I guess you're right there's no consistency in what USCIS says and does. Last year I got a two year EAD for the first time since 2004 (when I got my first one) and my PD was current (EB3 ROW PD Apr 2001). My brother in law only got it for one year and his PD is not current. He paid the fee last year and he will have to pay it again this year.

Is there any way he can request a two year EAD?