Many receive the I-765 Receipt Notice in an Adjustment of Status filing, and upon reviewing the receipt notice, they have two questions:
- Am I renewing my EAD Card?
- Is my category eligible?
No, this matter ONLY APPLIES to someone who ALREADY had an EAD Card. We will address both questions:
First, is the pending I-765 a Renewal?
A renewal filing means you have an EAD Card and you are 100% applying for an extension of that SAME STATUS. For instance, a DACA EAD (C 33) is applying for another DACA EAD (C 33).
A renewal DOES NOT OCCUR when someone is filing for a Green Card EAD (C 09) when their prior EAD Card was for DACA (C 33).
For renewal to occur, the categories MUST MATCH.
Second, I-765 Automatic Extension Categories:
The Following Categories automatically extend when renewal occurs:
- (a)(3) Refugee
- (a)(5) Asylee
- (a)(7) N-8 or N-9
- (a)(8) Citizen of Micronesia, Marshall Islands, or Palau
- (a)(10) Withholding of Deportation or Removal Granted
- (a)(12) Temporary Protected Status (TPS) Granted
- (a)(17) Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status*
- (a)(18) Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status*
- (c)(8) Asylum Application Pending
- (c)(9) Pending Adjustment of Status under Section 245 of the Act
- (c)(10) Suspension of Deportation Applicants (filed before April 1, 1997) Cancellation of Removal Applicants Special Rule Cancellation of Removal Applicants Under NACARA
- (c)(16) Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
- (c)(19) Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”.
- (c)(20) Section 210 Legalization (pending I-700)
- (c)(22) Section 245A Legalization (pending I-687)
- (c)(24) LIFE Legalization
- (c)(26) Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
- (c)(31) VAWA Self-Petitioners
Related Blog Posts:
Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.