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With pending EAD documentation, can it be used to extend my license?

I am based in Florida. I have a pending I-485 and a valid advance parole document. My EAD is expiring soon and I am going to renew it, but is it true that USCIS is doing an auto extension on it for 180 days? And because my EAD date is tied to my driver license expiration, will my license get extended too? Have you heard of any states doing this?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Timely filed EAD renewal gets an extension but it is unlikely your driver''s license will be automatically extended. Check with the local licensing authority whether a receipt notice will sufficient to extend the driver''s license.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Hello, fellow Floridian! The Florida DMV has gotten very tough with foreign nationals. It seems all they want are EADs, but at least a receipt notice for the EAD or its renewal may be sufficient. The EAD may get an automatic extension but the license will not.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    Whether or not your driver license is extended for the 180 days depends on the state. Usually, if your EAD is good for an additional 180 days, the DMV will extend your license for an additional 180 days.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    It is true that when you file for an extension of your EAD, you're deemed to have an automatic extension for 120 days. Depending upon your state licensing authority, you may be able to use proof of your extension in order to extend your driver's license.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    USCIS in the handbook for Employers M-274, Article 4.2 states that "foreign nationals in certain employment eligibility categories who file an EAD renewal application may receive automatic extensions of their expiring EAD for up to 180 days. The extension begins on the date the EAD expires and continues for up to 180 days unless the renewal application is denied." As for your driving license, once your EAD is extended you could go ahead and get that extended as well.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Each state operates differently, but the 180-day auto extension language on the receipt notice of EAD filing should suffice to extend the license.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Most states will, if you can show you qualify for the auto extension. If not, ask to speak to the supervisor. Better yet, extend your EAT six months before expiration so you don't have this problem.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Do not rely on auto extension of the EAD to get your license extended. They may or may not accept it.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    The EAD is automatically extended on account of a timely filed renewal. The DMV, however, needs a valid extension approval in order to issue a new license. It depends on the state. In California, one does not need valid immigration status in order to get a driver license. I doubt that is the case in Florida.

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