Skip to main content

Current Immigration Status on form I-765 for EAD renewal, when using EAD (employment based)

Jersey City, NJ |
Filed under: Green cards

I got my EAD (through my EB2 category GC) in Feb, 2012. I continued on H1B until I got layed off in Sept, 2012. Then I started using EAD from Oct, 2012 for a different job. Now I need to renew my EAD. I entered the country in June, 2011 on my H1B visa (which I believe is now revoked after my lay off).
What should I mention my "Current Immigration Status" in form I-765. I read on some forums "Pending AOS" etc. But in the I-765 instructions, there is nothing like that mentioned. Is that a standard term to use on the form? Or something else? Appreciate the advice. Thanks.

Attorney Answers 2

Posted

Re-read the instructions

Meet with an immigration attorney ... preferably the one working for the company you are currently working for.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

Mark as helpful

4 comments

Asker

Posted

I wish. I certainly wanted to do it that way, but I feel kind of stuck with this attorney. Their office is not friendly, and staff is impatient if I ask couple of questions out of ignorance or concern. So, I hate to talk to them more than necessary. I like to keep their services to the complicated services not to something very straight like renewal.

F. J. Capriotti III

F. J. Capriotti III

Posted

I completely understand the lawyer's office being impatient ... if you call frequently to ask "what next" or "how long". But, they do work for the company and perhaps you should talk to your manager/supervisor ... to get them to help. Because you are asking these questions, you have proven that it is not 'something very straight' and the lawyer's office should process ALL of the papers on a case ... you, the employee, shouldn't be picking-and-choosing what they should do.

Asker

Posted

Appreciate the advice, but like I mentioned in my question, I am laid off and no supervisor will help me now. I might go for another attorney, but not sure yet.

F. J. Capriotti III

F. J. Capriotti III

Posted

You also said "hen I started using EAD from Oct, 2012 for a different job." ... but you didn't tell us if it was for a different employer or not. I suggest that you go to the employer's lawyer for the company that you are now working for ... not the 'old' one that laid you off.

Posted

What you read in the forums is correct. "AOS pending" is both your immigration status as well as the basis of your EAD. I do believe that you should use an immigration attorney to help you complete your final immigration steps. Good luck.

Joseph G. Cella, Esq.
CELLA & ASSOCIATES, LLC
Clifton, New Jersey - Aventura, Florida
www.cellalaw.com

National Toll Free: 877-583-7080. Joseph Cella, Esq. has been practicing Immigration Law for 19 years. The answers provided herein neither constitute legal advice, nor create an attorney/client relationship.

Mark as helpful

1 lawyer agrees

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics