I-765 Receipt Notice: Who is Eligible for an Automatic Extension?

Many receive the I-765 Receipt Notice in an Adjustment of Status filing, and upon reviewing the receipt notice, they have two questions:

  1. Am I renewing my EAD Card?
  2. 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:

Can I expedite the I-765 Employment Authorization?

When Do I Receive The Employment Authorization Card through the Pending I-485 Green Card Application?

Expedite Request due to Government Interest: What to know




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