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Can I renew my work card if our I-130 is delayed?

Carlos from Springfield, Illinois asks “My U.S. citizen wife filed an I-130 on my behalf and I filed an I-485 to adjust my status to that of lawful permanent residence.  We also filed for temporary work authorization while the green card case is pending.  Our case has been delayed and my work card will expire in 4 months.  What should I do?”  

Applicants for spouse-based adjustment to permanent residence status are eligibile to work in the United States while their applications are pending. Unfortunately, because of Governmental delays in processing these applications, many Employment Authorization Documents (EADs) expire before their holder receives their green card. What can these individuals do in order to continue working legally in the United States?

Fortunately, people placed in this situation are eligible to renew their EADs. According to Government instructions, when an individual is within 120 days of their EAD expiring, they can submit form I-765 for a renewal of their EAD. While there is normally a fee involved in this renewal process, the Government instructions specify that an “adjustment applicant who applied after July 30, 2007” does not have to pay any fee to renew their EAD.

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