Is my EAD an "initial" EAD, or a "renewal"EAD?? Please advise.

[Kelabit03]

Here's my dilemma. I have an EAD which is expiring, in fact, it expired a few days ago. I applied for this when my asylum application pending, hence my category of (c)(8).

Now I am an asylee, and I want to apply for another EAD, but under a different category, (a)(5).

The definition of a renewal EAD by BCIS is, "an EAD issued to an eligible applicant at or after the expiration of a previous EAD issued under the same category"'.

Note the word "same". I am applying in different categories, so is my EAD application an "initial" (a)(5) EAD, or a renewal EAD?? Someone please advise .. thanks.

 

[Gilbert]

It is an initial EAD so you do not have to pay the fee.

But most people here will tell you that it is an absolute waste of time to get an asylee EAD. It is not needed and probably will give much more trouble than otherwise

 

[Kelabit03]

Thanks for the advice, Gilbert

Thanks for the advice, Gilbert. You are so quick with the response, and please rest assured that it is much appreciated.

I guess I can now void that $120 check that I had written out to "Immigration & Naturalization Service". I was all prepared to pay the fee when I re-read the definition of "renewal EAD". and it stated that it is a renewal EAD only if you apply in the *same* category. In my case, it is obvious the categories are not the *same*, although I had an EAD before, and I am applying for what would normally be construed as a "renewal" EAD. Immigration laws are so exasperatingly confusing and complicated!

Yeah, I've read so much that asylees don't really need an EAD for work authorization, and I realize that, and will take that into consideration when I actually apply for a "renewal"(a)(5) EAD. My fear is that employers are not well versed in immigration matters, and they might not know that an asylee can work anywhere in the US without further work authorization, even though I have an "unstamped" Social Security card. Guess the EAD will set their minds at ease, and anywhere, since this is an "initial" EAD for me, it gratis this time, anyway.

 

[Gilbert]

I do not know how much an EAD actually will "set their minds at ease".

Your EAD is going to be valid for one year at most, so shortly before its expiration date they will bother you about extensions.

If you have any employer who does not follow the law, call the US Department of Justice at 1-800-255-7688 for assistance. They are terrific.

In short, worrying about the EAD is unnecessary.