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What happens if USCIS has not decided my I-130 and my work authorization is about to expire?

Applicants for spouse-based adjustment to permanent residence status are eligible 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.

If you need assistance with renewing your EAD or have questions about the adjustment of status process, please give us a call at 314-961-8200.

EAD

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