Date 03/12/2003


Silly Man's FAQs for Employment based EAD/Renewal



DISCLAIMER : The below mentioned information should in no manner be constituted as legal advice. No one can be held responsible for whatever is mentioned below.

Please sign the petition allowing the spouses of Green Card holders to enter the US.
http://www.immigration.com/common/rsk/petition_greencard.html


Question Answer
Do I need to submit the marriage certificate? Yes. If you include MC that is good. "Generally" for derivative applicants they issue RFE for Marriage Certificate.
In the response to the question on the I 765 form, "Manner of last entry". What should be the response? I used my Advance Parole last year to enter the country. In this case Advance Parole. Or else, mention H1B, whichever is applicable.
"Current Immigration Status". I have a valid H1. I also applied for the EAD, but never used it. My H1 expires in Oct 2004. What should be the response to this question? AOS, H1 B etc etc. "Adjustment Status Pending", or "Adjustment of status pending" and H1B. Must mention AOS pending since that entitles you to file for EAD
In addition the form asks if I ever applied for EAD from INS before. I did apply twice before for the optional pracrtical training while doing my masters from here. Do i need to list these EAD cards too? Yes.
What are documents require for EAD renewal ?
  • 2 photos which fits INS requirement with A# and name written with pencil on back.
  • A check $120.00 (check BCIS/INS for latest fee info) for I-765 renewal fee made in the name of "Immigration and naturalization service"
  • Original Form I-797 D (from last EAD)
  • I -765 Renewal Application
  • A copy of last EAD(front and back)
  • A copy of Form I-94 Departure Record(front and back)
  • A copy of I-485 Receipt Notice
  • A copy of last I-765 Receipt Notice
  • Marriage Cetificate for secondary applicant.
Do I need to apply for EAD I have a valid H1 ? Not neccessarily, but it is always a good idea.
Can I go for iEAD I have passed my 90 Days? Yes, though some offices count from Receipt date, and some from notice date. If you really really need your iEAD today, go by receipt date, but don't be surprised if they send you back.Also you shouldn't have an outstanding RFE on your EAD application.
Where should I file my EAD application ?
Can I file EAD by my self ? Yes.
Where should I go to get my iEAD ? At what time should I go to INS (with reply of Q 6) To the local INS office whose jurisdiction you are in. The other INS offices will not give you iEAD. The earlier you reach the better, since you have to beat the lines.
How do I get errors in my EAD fixed? Please visit http://shusterman.com/pdf/csc-ead802.pdf
Where can I get the EAD form with instructions? Right here, http://www.immigration.gov/graphics/formsfee/forms/files/i-765.pdf
Is there any specific order in which I should place my doc of I-765 application before sending them to INS.
Which mail I should use?( FedEx overnight, simple mail...or any specific..mail)
What address do I send my EAD renewal application to? For USPS:

U.S. Department of Justice
Immigration and Naturalization Service
California Service Center
P.O. Box 10765
Laguna Niguel, CA 92607-1076

The following address is used for overnight delivery (Federal Express, UPS, etc.) or bonded courier delivery:
California Service Center
24000 Avila Road, 2nd Floor, Room 2302
Laguna Niguel, CA 92677
What is the name of the application used to file for EAD renewal? I-765.
What do I write in Question #16, Go to part 2 of the instructions, eligibility categories .... Write .. "(C)(0)(9)"
Should I apply AP also with EAD ? Not neccessary, though keep in mind that if you use EAD your H1 is invalid that point on, so to travel, then you might need AP, else no need.
What docs do I need when going for iEAD?
My Application got rejected because of something I read in this faq. Who can I sue or bother? No one. You read and used this info at your own risk.
Do I need to pay for iEAD? Technically No. But there have been cases where the officer asked for $$s. Sane advice, if the INS officer asks you to take your pants down, do it. Same goes for giving him 100$, don't argue. Those people are frustrated government officers with no future and no life whatsoever, don't make their life harder, or they'll make yours.
I don't have my last EAD copy (which contain A#), what should I do? You idiot, you shouldn't have lost your EAD. Your A# will also be on the card itself, and the receipt notice of your 485 application. But the 797 that comes with EAD would have really speeded up the renewal. Don't loose your EAD.
Do I need to attach any cover letter with my 765 application ? Does any body have cover letter format ? Couldn't hurt, but this wouldn't be a reason for rejection. There is no specific format to it.
I have lost my I-94 or expired , what should I do? If your I-485 is still pending and you have valid EAD (if you are working) then you may be fine. Any way it is better to talk to an immigration attorney.
How much time does it takes to get EAD approval ? Depends on service center, and time and your luck. You can look at the latest JIT to get a rough ballpark figure, but your mileage might vary .. by a lot.
Should I start working on EAD even if I have valid H1 ? (optional) If you are continuing to work for the same company as you were, then don't. Keep your H1B.
Derivative EAD for spouse, should I include my 485 receipt notice ?
It would not hurt. But make sure to add your wife's I 485 receipt notice to the application
For a derivattive application, should I include I-140 approval notice ? It is recommend that for a derivative application, the primary applicant's I-140 approval notice should be included in the EAD renewal application.
Has the filing fees for EAD renewal application reduced? It seems that the filing fees was reduced from $120 to $88 then back to $120. It is recommended that the filing fees should be equivalent to the fees mentioned in the form you download from the BCIS/INS web site.  



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