EAD/AP renewal application with dependent expiring I94 (passport expiring)

i94

#1

Hi Anil,

EAD/AP renewal due, passport expiring

I have a question about submitting EAD/AP(combo from GC in process) renewal application with dependent expiring passport and I94 details.

Applied passport renewal

We applied for passport renewal and it might take few more weeks to get that and update I94.

In the mean time we have EAD expiring within six months and want to submit the renewal application asap to avoid any delays.

Should we wait for passport renewal before filing EAD renewal?

I need your expert opinion if I should wait for new passport and extend I94 by any means first before applying for EAD renewal or submit that with old passport data?

dependent I94 and passport expiring in April-19 and EAD/AP expiring in June-19. Still have time for EAD, was wondering if it is safe to go with new passport or is it fine?

Appreciate your opinion!!


(Anil Gupta) #2

It is better to go with new passport and new updated i94.

If you file with old i94, the chances are very high that your EAD will be restricted to old i94 expiry date.


#3

Thank you for the immediate response!!


#4

This raised another question for me. If we apply for EAD renewal (after dependent new passport and I94) which will be valid only until Sept-19 as the primary visa extension is due by then.

Do they give EAD extension only until Sept-19 or full 1 year? And we have to apply another EAD extension with visa extension? we are on L1A/L2 visas.


(Anil Gupta) #5

i485 EAD validity is 1 to 2 years

Assuming you are talking about i485 pending EAD, If you are really going to use the i485 EAD for working, then it makes sense to renew EAD.

i485 pending EAD is usually issued for 1 or 2 year validity. The chances are higher that USCIS will issue you a 2 year EAD based on your pending i485 application.

Otherwise, you can just keep using your L1A or L2 EAD (if your spouse has it) to keep working.

Does that answer your query or i mis-understood it?


#6

Thanks for the reply. You are correct I was referring to i485 pending EAD. I got it only for 1 year and it is expiring in June-19. Before that I got my spouse i94 and passport expiring. Also my L1A visa and I94 are expiring in Sept-19. So, I think USCIS will give the EAD extension based on i485 pending application.

Then the previous question comes back, if EAD extension is based on i485 status then EAD renewal application may not need to have updated I94 and new passport. Can I assume it works like that, sorry for the confusion, just trying to understand all the options.


(Anil Gupta) #7

It generally works like the way you understand i.e. i485 EAD validity is based on pending i485 but these days, you never know.

I don’t suggest to not take the risk. It is better you get passport and i94 renewed first.

Is you or your spouse using the i485 at this time for work? If not, then, why are you in hurry to get it renewed?


#8

I agree with you. we are not using that for work, my spouse is not working. Ofcourse our company has the EAD details and they promptly submit renewals. But not depended on that for work.

Thanks for your valuable inputs.