EAD Renewal : Urgent help

J

john777

Registered Users (C)
My EAD will expire in 2 1/2 months. My company has sponsored by GC . My I-485 was filed in July '02. After repeated reminders, our company attorney will file for extension now. But it will take couple of weeks more. In that case I will have just 2 months in my EAD. Is there anything, I can do prior to my EAD expiry (considering I don't get its extension before expiry). In the worse case scenario, do I have to quite my job? My H1 expires in July'02. However, since I have used AP, it not valid. I still have 2 more years for a new H1B. Any suggestions?
 
EAD Renewal : Urgent help
My EAD will expire in 2 1/2 months. My company has sponsored by GC . My I-485 was filed in July '02. After repeated reminders, our company attorney will file for extension now. But it will take couple of weeks more. In that case I will have just 2 months in my EAD. Is there anything, I can do prior to my EAD expiry (considering I don't get its extension before expiry). In the worse case scenario, do I have to quite my job? My H1 expires in July'02. However, since I have used AP, it not valid. I still have 2 more years for a new H1B. Any suggestions?



Hey John777,

There is a good chance that your ead approval comes through in 2 months if you attached all the documents along with the application. Since you have already used your EAD, I guess there is no way u can change to your left out H1.


If you don't get your EAD approval before the current one expires, actually the employer is not supposed to employ you.
But you need not quit on your own.

Some of my friends who are working for a desi outfit actually worked for the period until they got their EAD without pay and got the pay for this duration as some reimbursements after they got their approval.

Hope this helps.
 
Thanks Saisiree
One more question: Is there anything like going to thr local INS office for an EAD?
 
If you don't get your EAD after 90 days, you can approach the local INS/BCIS office for an interim EAD. Iam not sure whether they are issuing the Interim EAD's now because of the enhanced security measures.
 
Yes. you have to wait for 90 days to get an interim. But, if you don't get your EAD after 2 1/2 months and you can go to your local BCIS and give it a try.
 
//since I have used AP, it not valid. I still have 2 more years for a new H1B//

Who told you that, you can not get H1 extension, just because you used AP? I am positive that your company can apply for H1 extension. Talk to your attorney.

-------
This is my openion, not a legal one.
 
I am not sure but I think H1 doesnt expire just because you used AP

... The more important thing is did you ask your company to use EAD (By filing I-9) ? If not then you are still "technically" on H1
and you should apply for a H1 Extension.

Please post the exact dates of all your expiry and application dates so that one can help you better !
 
Sorry in being late to respond. Im too new for the forum.
EAD expiry: July 20th
H1B Expiry: July 28th

It looks like after reading this formum, the transfer between EAD to H1B assuming use of Advanced Parole is not clear. As I mentioned earlier, my attorney is planning to renew EAD as well as H1B.
 
Hey John777,
Dont take any chances. You have good amount of time to get it renewed. It is unnecessary tension. Dont wait for your lawyer to apply for EAD renewal. You can do it for yourself. Its very easy. Download I767 form and fill it. It has all instructions. You can search in this forum to see what are the document you need to send with the form. Its very simple. I had done it for myself and my wife(both new and renewals).

Good luck.
 
Originally posted by john777
My EAD will expire in 2 1/2 months. My company has sponsored by GC . My I-485 was filed in July '02. After repeated reminders, our company attorney will file for extension now. But it will take couple of weeks more. In that case I will have just 2 months in my EAD. Is there anything, I can do prior to my EAD expiry (considering I don't get its extension before expiry). In the worse case scenario, do I have to quite my job? My H1 expires in July'02. However, since I have used AP, it not valid. I still have 2 more years for a new H1B. Any suggestions?
Click to expand...

Don't wait for your lawyer to file your EAD renewal. File it yourself and save some time, money and headaches. Go to http://www.bcis.gov/graphics/formsfee/forms/i-765.htm and fill out the form and submit required documentation to BCIS. If you have further questions post it here and we'll try and answer them. Many people file EAD and AP renewals themselves. It's very simple. Hope that helps.
 
Hi quitwithGC and mavishka,

Thanks for posting information about EAD renewals which has encouraged me to file for it myself instead of paying the lawyer $250 each for me and my wife for the services.

I have a few questions about the process:

1. In the question no 11 of the form, under the question 'Which
INS office' what should I enter ? Our previous EADs were filed
at the Vermont Service Center. Do I have to write 'Vermont
Service Center' only or the name of the center and its address
too ? Please do not dismiss this as a dumb question.
2. I have the following list of documents to be attached with I-765
form. Please let me know through your experience if I need
any more documents.
a. Check for $120
b. 2 photographs
c. Copy of current EAD (front and back both ?)
d. Copy of bio page of passport
3. With reference to above are there any additional documents
required for my wife e.g. marraige certificate, etc.
4. Do I have to file in separate envelopes for me and my wife ?
5. Is there any order in which I should attach the supporting
documents ? i.e. first the photos then the check then the EAD
copy, etc.
6. After our Advance Paroles expire, what is the method of
getting new APs ? Is it same as the one which we used for the
current APs ? Also, is a gap allowed between the current
AP and the new AP ?

Thanks for being patient with me. I am sure you will find some of the questions to be dumb but please answer anyway. Thanks.

My details are :

RD: 10/07/2002
EAD:10/16/2002
 
Hi,

In addition to my above message, I have a few more questions:

1. Our previous EADs and APs were lawyered. Will it be a problem
if I apply for them myself now ?
2. In I-765 application, what should I enter under 'Current
Immigration Status' ? I am currently using my EAD and my
I-485 is pending.
 
Originally posted by spkrt1003
Hi,

In addition to my above message, I have a few more questions:

1. Our previous EADs and APs were lawyered. Will it be a problem
if I apply for them myself now ?
2. In I-765 application, what should I enter under 'Current
Immigration Status' ? I am currently using my EAD and my
I-485 is pending.
Click to expand...

1. No.
2. Current Immigration Status = Adjustment of Status applicant
 
1. In the question no 11 of the form, under the question 'Which
INS office' what should I enter ? Our previous EADs were filed
at the Vermont Service Center. Do I have to write 'Vermont
Service Center' only or the name of the center and its address
too ? Please do not dismiss this as a dumb question.

Ans: Vermont Service Center

2. I have the following list of documents to be attached with I-765
form. Please let me know through your experience if I need
any more documents.
a. Check for $120
b. 2 photographs
c. Copy of current EAD (front and back both ?)
d. Copy of bio page of passport

Ans: Also include the EAD jacket which came with your original EAD. Make sure the photos are ADIT style. Copy of all relevant pages of passport will help.

3. With reference to above are there any additional documents
required for my wife e.g. marraige certificate, etc.

Ans: I don't think you need the marriage certificate. I had renewed for my wife & self and I didn't send it.

4. Do I have to file in separate envelopes for me and my wife ?

Ans: You can submit in same envelope but make sure that you write up separate checks for each application. That is if you're applying for EAD and AP for self and wife, send 4 separate checks.

5. Is there any order in which I should attach the supporting
documents ? i.e. first the photos then the check then the EAD
copy, etc.

Ans: Refer http://www.bcis.gov/graphics/fieldoffices/scnational/index.htm#H

6. After our Advance Paroles expire, what is the method of
getting new APs ? Is it same as the one which we used for the
current APs ? Also, is a gap allowed between the current
AP and the new AP ?

Ans: AP's are not renewed, i.e., the validatity is not back-to-back like with an EAD. They are issued new each time you apply. Your effective date will be from the time your new AP is approved and not based on the expiry date of your previous AP. Use Form I-131 to file. Refer http://www.bcis.gov/graphics/formsfee/forms/i-131.htm Yes, gaps are allowed.
 
Hi mavishka,

Thanks for your reply. Please do answer my questions in the message previous to the one which you answered. Thanks.
 
Thanks to all for your helpful comments. My attorney will file the EAD tomorrow and H1B next week. In our company, we cannot handle our immigration related matters on our own. We have to go trhough HR and the attorney. Strange, but can't help it!
 
Hi mavishka,

Thanks for all your replies. They were very helpul. I have gathered all my documents for submission foe EAD renewal. I have one more question: I got a new passport made two weeks ago, so now I have two passports i.e. the old one and the new one. My question is, since we have to attach the copies of the bio pages on the passport for EAD renewal, do I need to attach the bio pages of the old passport as well as the new passport or will the new passport bio pages be enough ? Thanks
 
I did not send copies of passport at all as I too have 2 passports
for ead renewal and got the new EAD
 
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