How to Extend Your USCIS Employment Authorization Card When You Have an Adjustment Pending

Bradley Mark Maged

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Immigration Attorney - Boston, MA

Contributor Level 10

Posted about 6 years ago. 23 helpful votes

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1

Gather Supporting Documentation

You should gather and photocopy the following documentation that will need to be submitted with your I-765 Renewal Application: (1) your previously-issued Employment Authorization Document (copy front and back), (2) the I-797A, USCIS Approval Notice for your last Employment Authorization Document (EAD), (3) the I-797C, USCIS Receipt Notice for your pending I-485 Application to Register Permanent Residence or Adjust Status, (4) two passport-format photographs no more than 30 days old, and a money-order or Bank Check for the amount of $340.00 payable to either Department of Homeland Security or U.S. Citizenship and Immigration Services. NOTE: If you paid $1010 for your Adjustment of Status Application (I-485) and filed it after July 30, 2007, you may renew your Employment Authorization Document without resubmitting the $340.00 filing fee.

2

Download the Forms and Print the Instructions from www.uscis.gov

The Form I-765 and instructions can be downloaded from the USCIS website. Read the instructions carefully and fill out the application accurately and completely. The form can be filled out on the USCIS site and data entered can be saved. The form is mostly self-explanatory and the trickiest part is answering question 16, Eligibility Categories. Part 2 of the Instructions will provide the appropriate code to be entered in the brackets. A look at your previously filed I-765 Application should also have the correct code.

3

File the Renewal Application Early!

The Employment Authorization Document renewal may be filed up to 120 days prior to the expiration of your current EAD. The I-765 Application should be received by the USCIS prior to the expiration of your existing card and should be applied for at least 90 days prior to expiration of your current EAD. Your employer will want to re-verify your I-9 - Employment Eligibility Form before your EAD has expired if this is the basis of your employment eligibility with them. It is best to have a new card when asked. However, if you do not yet have your renewal EAD but (1) you have a receipt showing that the Application was timely filed and pending more than 90 days and (2) you are working for the same employer, then you should make an InfoPass appointment at your local USCIS office and request an Interim EAD. Your employer should accept this document for I-9 re-verification purposes.

4

How and Where to File

Your application package should include a cover letter that at the very least, lists the forms and documents included in the package. You may choose to file the application by mail, courier service or electronically. If mailing, make it certified mail, return-receipt requested as proof of delivery as Applications do get lost from time to time. Applications are sent to either the Texas or Nebraska Service Center, depending on where the I-485 Application was filed. There is a PO Box for US mail and a separate address for private courier services, remember that services such as FedEx cannot deliver to a PO Box. The advantages to filing electronically are: (1) your filing date is the instant your application is filed online, (2) you can pay your filing fee by credit cards or through a bank account, and (3) you can immediately print out your receipt number for tracking purposes. One caveat is that you will still need to mail or courier hard copies of all supporting documentation.

Additional Resources

www.uscis.gov

U.S. Citizenship and Immigration Services Forms

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