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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


  1. 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.


  2. 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.

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