EAD Renewal : 120-Day Advance Filing Rule
Posted Feb 08, 2008
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Many MurthyDotCom and MurthyBulletin readers hold Employment Authorization Documents (EADs) received as the result of I-485, Application of Status filings. This is particularly so, following the large volume of I-485 filings made during the summer of 2007. These EADs have a one-year validity and can be renewed during the time when the I-485 remains pending. The U.S. Citizenship and Immigration Services (USCIS) recently has updated and clarified the timing rules for the filing of EAD renewals. It is important one remembers to file no earlier than 120 days in advance of the EAD expiration date.
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What is the 120-Day Rule?
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The USCIS's revised instructions make it clear that EAD renewals cannot be filed more than 120 days in advance of the expiration date of the most recent EAD. Any cases filed prior to this will be rejected. This rule applies to all EAD filings made on or after January 29, 2008. It is important, therefore, to carefully count the days to make sure that the case is not filed too early. Use of a date calculator is recommended for this purpose, like the one available at http://www.timeanddate.com/.
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Safest to File around the 120-Day Point - Avoid Lapse in Work Authorization
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Those who rely solely on the EAD for employment authorization (with no H1B or L-1 status, etc as backup) need to apply for the EAD renewal as early as legally permitted. This is the 120-day point. Since many individuals obtained EADs based upon the summer 2007 I-485 filings, all of these EADs will expire over the same few months. Thus, there will be a large volume of EAD renewal requests, causing possible delays. Those who do not allow enough time for processing the EAD could run into problems if there is a gap in employment authorization.
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Conclusion
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The need to renew the EAD each year is a good reason to maintain a work-authorized, nonimmigrant status, such as an H1B, even after filing the I-485. This is not always an option for many reasons, however. Thus, it is important to track one's EAD expiration date carefully and file renewals at the 120-day mark prior to expiration.