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EAD Renewal
EAD Renewal

AOS clients with pending green card: How and When to Renew your EAD

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Written by Tech Owner (internal use only)
Updated over 2 months ago

Most EADs are valid for 2 years; you can check your EAD for the expiration date to see when it is coming up.

For EAD renewals, USCIS recommends you file Form I-765 within 6 months of the expiration date on your current EAD: at least 90 days prior to the expiration but no more than 180 days before the expiration. You should reach out to your attorney to file your EAD renewal. You may be charged some service fees from the attorney.

If you haven’t started working yet...

You can start your EB-3 job before your EAD expires, then apply for renewal. You can stay in work by using the renewal receipt. If you wait until after the EAD expires, you won’t be able to start work until you:

1) get the automatic extension notice (you can use both the expired EAD and the extension notice to onboard to your job), OR

2) get the new EAD card in-hand, and that could take many months.

So, it is better to start work first and then renew the EAD.

If you've already started working...

It is important that you stay in your EB-3 job while your EAD renewal is being processed. You can still work even after your EAD expires if you have a renewal receipt. You can read this USCIS article about automatic extensions from USCIS while EAD renewal is pending. That’s why it’s important to start the renewal process as soon as possible and not wait until your EAD expires. If you do not have a renewal receipt, you will need to stop working so that you do not accrue an unauthorized period of work.

You should:

  • submit the renewal application within 6 months before expiration of EAD

  • receive a receipt notice issued before the current EAD expires in order to get the automatic extension

Also, if you decide to port to a new sponsor after one year of work and your green card is still pending, you will need to have both the expired EAD and the automatic extension notice at time of onboarding.

Filing fee increases

USCIS has increased their filing fees. You can read this article to learn more. This is increase is not a BDV decision but rather a USCIS decision.

Q. Does porting affect my EAD renewal?

A. The Supplement J form is related to the I-485 / green card application and interview, not to the I-765 / EAD. If you have already started working for a new sponsor, you don’t need to have your Supplement J filed before renewing your EAD. In short, porting does not impact the renewal of the work permit.

BDV does not assist with EAD renewals because we are not a law firm, but you can contact your attorney and they will gladly assist you.

The fees included in your BDV payment do not include EAD renewal fees.

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