I-797 C Validity


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There are 2 schools of thoughts, depending on whether you are an employee or an employer.

If you have filed your EAd (I-765) application under C09 category and if the application is delivered to USCIS before EAD expires, are you eligible to have an automatic 180 day extension.

Employee's Conclusion : An employee is eligible to have an automatic extension, even with out a I-797C aka receipt number -   Based on Employer Rule Hand book 4.4 and on recent article published via policy manual - Chapter 3 , Reference 5 ,

Employer's conclusion:

When employer completes I-9 Verification, the page / form asks for a receipt number. So it can not be left blank and a receipt number from expired EAD can not be entered. so a new I-797 C is required to complete the form, that shows the receipt date of the application. (USCIS in their alert did confirm that receipt date will be same as that of when the application is delivered to USCIS and not when the application is entered into the system)

Which one is valid. Who in the USCIS can truly interpret and publish a note as to what is valid and how they can be contacted.

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