Have you already filed for your EAD renewal? Has your EAD expired while you are waiting for a response from USCIS? If so, you may not need to worry about not being able to work or renew a driver’s license while you wait for your new EAD card.
AUTOMATIC EXTENSION
Some EAD renewal applicants automatically qualify for an immediate extension of their EAD cards. Those who qualify for the automatic extension must meet the following criteria:
- The EAD renewal application must have been filed before the current EAD has already expired;
- The EAD renewal applicant still qualifies for the EAD;
- The EAD category is one that qualifies for the automatic EAD extension; and
- Click here to view a chart of which EAD categories qualify.
- With some exception, the Category listed on your expiring EAD is the same as the Category that appears on the receipt of your EAD renewal application.
EXTENSION PERIOD
Typically, your EAD is automatically extended for an additional 180 days beyond the expiration date found on your expiring EAD. There is a temporary rule in place currently that extends the expiring EAD for a total of 540 days beyond the expiration date. The additional time only applies for applicants that meet the requirements stated above and:
- Filed the EAD renewal application before May 4, 2022 and regardless of whether the 180-day extension has passed; and
- Filed or will file the EAD renewal application between May 4, 2022 and October 26, 2023.
All EAD renewal applications submitted after October 26, 2023 will resort back to the standard 180-day automatic extension.
EXTENSION VERIFICATION
USCIS will provide you with a receipt after you file your EAD renewal application. This receipt will contain information on whether you qualify for the automatic extension. A copy of the receipt and your expired EAD card is evidence of your ability to lawfully work during the automatic extension period while you wait for your new EAD card.
If you filed your EAD renewal application before May 4, 2022, the receipt would only mention the 180-day extension. However, whether the 180 days has passed or not, the copy of the receipt and your expired EAD still qualifies as proof of the 540-day extension. If the 180-day extension has already expired, your EAD is automatically valid on May 4, 2022. You will then need to calculate 540 days from the expiration date of the expired EAD to determine how many days are left in the increased extension time before your EAD expires.
EXTENSION TERMINATION
The extension is temporary and will terminate when the 180 days (or 540 days) have passed. The extension may also terminate before the automatic extension period lapses, but only if:
- USCIS denies your EAD renewal application;
- Upon approval of your EAD renewal application; or
- Upon notice.
EAD RENEWAL TIMING
Plan to renew your EAD in advance. Do not wait until the last minute! Waiting too long to renew your EAD may interrupt your ability to lawfully work in the United States. Apply to renew your EAD before it expires. USCIS recommends that you submit your EAD renewal application 180 days before your current EAD expiration date. The time to start the EAD renewal process is now. You should obtain legal advice from a qualified attorney at VIVE Immigration whom you can talk to about the details of your case before you renew.
USCIS may request additional evidence to verify your EAD eligibility or confirm any changes in your criminal record or removal proceedings. Having a qualified attorney on your side at VIVE Immigration is very important to a successful EAD renewal application.