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Questions & Answers

As an EB-5 petitioner, how can I ensure my EAD will be extended?

My I-485 is currently pending based on my approved I-526. Early this year, I filed an I-765 to renew my EAD based on the pending I-485. The application has not been approved or denied yet. If my EAD expires before it is renewed, will my previous EAD automatically extend for another 180 days? Thanks in advance!

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The EAD will not get any automatic extensions. Processing for EAD requests can take up to 90 days.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Once the extension for EAD is filed and received by USCIS, you should be provided with a receipt notice stating that the EAD has been automatically extended for 180-days while it is processed.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, the adjustment category includes the 180-day automatic EAD extension. I would suggest consulting with an attorney experienced in these matters before moving forward.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can continue using your "existing" EAD (a better term is "existing EAD" rather than "previous EAD") while the renewal application is pending. However, if there is a subsequent denial, then the existing EAD is no longer valid and you cannot continue to work.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    If you filed for an extension of your EAD in a timely fashion, you will be deemed to be work-authorized for an additional 180 days.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    If your I-485 is not approved before the EAD combo card expires, you need to file another I-765 extension. In order to be prudent, you may wish to file the about 1-2 months before the card expires. There is no automatic extension; if the card expires, it expires.

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