My I-485 was filed last year. Should I apply for A5 (EAD) or C9?

[leonse]

My I-485 is pending. I am holding a A5 EAD card. just applied my new EAD as C9. Based on the I-765(EAD application form)instruction, it seems that I need to apply as C9 this time since my 485 has been filed. It has been 4 weeks but I got no response from INS regarding my EAD application.

Does anybody has the similar experience? Is that right for me to apply C9 ?

 

[Jack Archer]

No Title

If you are an asylee/refugee you can now apply for Social Security card with no employment restrictions. Most employers will not ask for your EAD if your SS card has no restrictions notices written on it.

 I can understand the confusion with your EAD situation. When I filed my I-485 I thought that it has nothing to do with my EAD application so I sent off my application to NSC. Then I later found out that if my I-485 is pending I have to file my EAD at the local office. It took me 6months to get my new EAD (thank god I didn\'t lose my job during that time.).
  One thing I hate so much about INS is that they change their filing instructions every now and then and if the applicant does not keep him/herself updated with those changes that person gets screwed sometimes.

 

[leonse]

No Title

Thanks for your reply.
Do you mean I have to apply my EAD in INS local office after I filed my 485 ? According to the I-765 instruction, I should apply my EAD in the INS center where I sent my 485 (It is NSC). I am so confused. In fact, my company needs my EAD.

Any more comments? Thanks in advance.

 

[alanpero]

No Title

Leonse, download the last version of form I-765 and check for instructions. For any case a(5) or c(9) you have to file your I-765 in Nebraska Service Center. As for your employer check I-9 form "Employment eligibi;ity", as long as you have one of the documents in list B and the unrestricted SS card, they can not ask for anything else, if they do, that is discrimination and is clearly stated in the second page of the same form. Employers can not decide what documents should an employee show. All you need to show is one document of list A OR one document of list B AND one of list C. Your employer has not the right to ask for EAD provided you already have the documents required, that is discrimination. And, as said before is clearly explained in form I-9.
The case of Jack is different because he filed I-485 at local INS office years ago, and as per instructions he has to file for EAD at the local office where he filed I-485 (not at Nebraska)
Check other discussions in this same portal. Good luck