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jobas2007

Clarification on when to file for EAD renewal

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My EAD is due for renewal in few months. USCIS is stating the time of renewal is 180 days before expiration , but Murthy law firm is mentioning 120 days. Which one is correct? If anyone has recently applied for EAD / AP renewal, can they please share how many days it's taking to get it renewed?

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As per USCIS web site: https://www.uscis.gov/greencard/employment-authorization-document

Renewal EAD

If you are still eligible for employment authorization but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved. Generally, you should not file for a renewal EAD more than 180 days before your original EAD expires.

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But as per Murthy :

Timing for Renewal – 120 Days Before Expiration

Applicants for EAD and AP extensions can request to renew the EAD and/or AP up to 120 days prior to the expiration dates of the EAD and/or AP. Adjudications in these cases can take up to 90 days, and delays are possible. While, as of this writing, EADs and APs are generally processed in fewer than 90 days, it is best not to delay renewal filings. It is important to be mindful of the renewal timing and to track this date carefully.

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if uscis is accepting your renewal application 180 days before expiry I would just go ahead and submit it. Why take chances if there is an unnecessary delay by uscis else you would have to stop work.

Also what if you get RFE after 90-120 days?

Edited by directory0818

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On 8/27/2017 at 1:13 AM, jobas2007 said:

My EAD is due for renewal in few months. USCIS is stating the time of renewal is 180 days before expiration , but Murthy law firm is mentioning 120 days. Which one is correct? If anyone has recently applied for EAD / AP renewal, can they please share how many days it's taking to get it renewed?

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As per USCIS web site: https://www.uscis.gov/greencard/employment-authorization-document

Renewal EAD

If you are still eligible for employment authorization but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved. Generally, you should not file for a renewal EAD more than 180 days before your original EAD expires.

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But as per Murthy :

Timing for Renewal – 120 Days Before Expiration

Applicants for EAD and AP extensions can request to renew the EAD and/or AP up to 120 days prior to the expiration dates of the EAD and/or AP. Adjudications in these cases can take up to 90 days, and delays are possible. While, as of this writing, EADs and APs are generally processed in fewer than 90 days, it is best not to delay renewal filings. It is important to be mindful of the renewal timing and to track this date carefully.

You are quoting an article from 2013. The information was accurate at the time we posted it, but the rules have since changed. Please see

Overview of Final Regulation for High Skilled Workers

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EAD Adjudication and Automatic Extension for up to 180 Days

In the final rule, the DHS eliminates the requirement that the USCIS adjudicate I-765 EAD applications within 90 days. The DHS maintains that the agency still intends to adjudicate applications within the 90-day timeframe, but the USCIS will no longer be required to do so by regulation.

In order to help prevent gaps in employment authorization, the DHS will allow most EAD applicants to apply for extensions up to 180 days prior to the EAD expiration date. In addition, EAD applicants in certain categories, such as asylees and those in temporary protected status (TPS), will be granted “automatic extension of expiring EADs … for up to 180 days with respect to individuals who are seeking renewal of their EADs … based on the same employment authorization categories under which they were granted.” Unfortunately, this provision does not extend to all classes of foreign nationals who are eligible for EADs, including L-2 spouses and qualifying H-4 spouses

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The new information in the link is mentioning above but it is unclear on the category that can be eligible for applying for extension 180 days before expiry. My simple question is that is the 180 rule applicable for EAD extension when i-485 is pending? Has anyone recently filed for the same?

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