skip to Main Content
I Am Waiting For My Adjustment Of Status To Be Approved But My Temporary EAD Is Expiring – What Should I Do?

I am waiting for my adjustment of status to be approved but my temporary EAD is expiring – what should I do?

A lot of our clients are finding themselves in a frustrating situation. They filed an adjustment of status application (Form I-485) and were issued a 12-month temporary work authorization (EAD). So far, so good, except that the EAD is about to expire and they still haven’t been scheduled for an interview in their adjustment case. What should they do?

This is a relatively new problem. Adjustment applications used to be processed fast enough that an applicant would be scheduled for an interview before her temporary EAD expired. Processing times of about eight months were fairly standard in the Seattle local office, for example. But not anymore.

The Trump administration has instituted a number of policies that have caused many different types of applications to take far longer than they used to. Adjustment applications, for example, now take well over a year at the Seattle office. So a huge number of adjustment applicants are now finding themselves stuck with EADs that are going to expire long before they are scheduled for an adjustment interview.

Don’t panic.

File a new Form I-765 to renew your temporary EAD.

To renew your temporary EAD you need to file another Form I-765 Application for Employment Authorization. According to USCIS guidelines, you can file the renewal application up to 180 days (roughly 6 months) before the expiration date of your current EAD.

For someone with a pending Form I-485, you qualify for renewal under the category “(c)(9).” That is the same category that was referenced when you applied for an EAD at the time you filed the Form I-485.

You will need to file your Form I-765 along with a copy of the receipt notice for your Form I-485 (which is issued on Form I-797 Notice of Action). Again, you do not need to include a filing fee due to your eligibility category.

The filing address for your Form I-765 is specific to individuals with pending adjustment applications. Go to this USCIS webpage and scroll down to where you see the information for “If You Have a Pending Adjustment of Status Application.”

Your EAD is automatically extended 180 days after you file the Form I-765.

Because of the serious problem with case backlogs, USCIS adopted a new policy in early 2017. Under this policy, your EAD is automatically extended for 180 days (roughly six months) at the time you file your Form I-765. When you file the Form I-765, you can therefore now use your filing receipt as proof of your work authorization.

Important: the Form I-765 does not authorize you to travel outside the U.S.

When you first applied for adjustment of status you probably filed both a Form I-765 and Form I-131. The Form I-765 is used for work authorization and the Form I-131 is used to request permission to travel outside the U.S. while your adjustment application is under review. When you got your first EAD, it probably came on a “combo card” – it called that because the card showed both your work authorization and also your “advance parole,” which is the permission to travel outside the U.S.

Filing a Form I-765 as described above is the proper procedure for extending your work authorization. But doing so does not automatically extend your permission to leave the U.S. To do that you must file a separate Form I-131 application. The Form I-131 may be filed at a different location as shown on this USCIS webpage. As shown on that page, the filing location depends on your Form I-485 receipt number.

You are not required to renew your travel authorization. But once the travel authorization has expired you cannot leave the U.S. before your Form I-485 is approved. If you do leave, your Form I-485 is considered “abandoned” and will be lost.

I am waiting for my adjustment of status to be approved but my temporary EAD is expiring – what should I do?
4.8 (95.45%) 22 vote[s]

Greg McLawsen

I’m proud to be the founder of Sound Immigration. My job is to work behind the scenes to ensure our clients have an outstanding experience at our firm. I’m passionate about reinventing the practice of law to make it work better for those we serve. I work hard to identify the best available technology to make our firm convenient for clients. I look to other industries, like real estate and the restaurant business, to learn about practice that will help serve our clients better.

This Post Has 55 Comments
  1. Hi Greg,
    So my current EAD expires in the next three months and I just finished filling the renewal form (form i765) and my question is where do I send my renewal application to? Do I send or physically go to the local CIS office to turn it in? Cos I’ve been looking up where to send it and I keep getting different addresses. And it been almost a year since I applied and I’m still waiting for my interview, is there anything i should do??
    I’ll appreciate it if you could reply ASAP
    Thanks, Victor.

  2. Hello Greg,

    I am waiting for my marriage base green card interview and my EAD card will expire in a few months. I am getting ready to re-apply for a new EAD card and I got a little stuck. When I first filed the i-765 form, I was an F1 student and now I am not anymore. What would my answer be for : “25. Your Current Immigration Status or Category (for example, B-2 visitor, F-1 student, parolee, deferred action, or no status or category)”?

    Thank you
    Anuja

    1. Hi, Anju:
      It sounds like your status can be listed as F-1 overstay with pending adjustment application. The “pending adjustment application” isn’t strictly speaking a category, but will explain to USCIS what’s going on.
      Best,
      Greg

  3. Hi Thanks for taking your time to enlightening us.

    Issues Marriage based green card: On January 11, I filled concurrent filling. On January 26 received notice that we rejected your Form I-765, Application for Employment Authorization, because it was not filed correctly. We mailed your case back to you, including any supporting materials and fee. Please follow the instructions to resubmit your case. If you do not receive your rejected case by February 23, 2019, contact the USCIS…. Since that date I’ve never received the package. I called and filled do not receive notice still nothing. No one at Uscis is able to help they just keep filed do not receive notice. What do you think should I do in this case.

    PS: my travel document has been approved.

  4. Hi,

    For I -765 renewal does passport photo need to be included as well? Or just I-765 form and copy of I-485 receipt sufficient?

    Thank you!

  5. Hi, I applied to renew my work permit August last year. I received my i797 stating my case has been received etc. Its now april 2019 and my 180 days automatic extension is about to he done and I still havent received my new work permit!!!! My job already said I will be terminated at the end of the 180 days. What should I do???

      1. I have the same problem as well with my husband. We had his interview back in February and we were missing his medical exam which we then mailed and its been over a month and still have not received his green card nor work permit and his 180 are coming up the first week of May. We did contact USCIS but can’t seem to get much information about the status, processing time for work permit renewal should be 5-7 months and we are now on the 8th month. I’m not sure if we haven’t received his new work permit because the green card is on its way but were only two weeks away from the 180 day extension to expire. I tried setting up an info pass appointment at our local CIS but they are not taking any appointments at the moment.

        1. Hi, Jasmine:

          We would normally start by filing a request for action with the USCIS 1-800 customer service number. After the expiration of the action time for that request (which will be stated in the written response) you can file a request for assistance with the Ombudsman office.

          Best,
          Greg

  6. Hi Mr. McLawsen,

    My husband’s status is still pending (he was b-2 visitor) and we are still awaiting an interview; however, we have to RENEW his Employment Authorization card. Question 25 on the updated i-765 form asks his current immigration status. Is it still b2 visitor – although we’re currently in case pending?

  7. My EAD expired Sept. 2018. In July 2018 I applied for renewal. It is now past the 180 day extension and I have heard nothing except fingerprints accepted. What do I do now? Had 485 interview in Nov. 2018 and still no decision. What do I do about my 765?

    1. Teresa, for your adjustment you should file a case action request by the 1800 number requesting adjudication. This is the first step to more aggressive intervention. For the EAD you can try an InfoPass appointment to ask for an extension stamp.

  8. How early can you file the renewal for EAD and AP? Some websites say 180, others say 120.

    How do you indicate they are renewals vs new in the forms? 131 and 765. Thanks

  9. Hi,
    I had a EAD and separate I-131 document based on the pending I-485 UNDER category of C-09. I lost my EAD and need to apply for replacement EAD. Do i need to pay the fees and can I request together for the combo card as i have the reniew my I-131.

    Please reply!

    Thanks

  10. Hi,

    Thanks for the informative article. I sent in my I-765 and I-131, but didn’t include a photo copy of the I485 receipt. I did include a photocopy of my EAD card though. Will my renewal petition be rejected? Also, how long does it typically take to get a receipt number, and does a receipt number signify that all the requirements have been met?

    Thanks for your help!

    1. Hi, Ishan. You will probably be okay. The receipt should come within a couple of weeks. That doesn’t mean the application is complete though, and you will get a Request For Evidence for any missing items.

  11. Hi, my EAD card expired 2 minths ago and i just filed for renewal today, am i able to work with receipt now or i need to wait for actual card?

  12. Hi Greg,

    My wife is a homemaker. I came to US on L1A. Family came in on L2. We filed I-485 in Aug 2017. Got our EAD in Mar 2018. My wife’s EAD is expiring next week and owing to mis-communication with my lawyers, we are at this stage when they should have renewed. I will send I-765 and I-131 on 2/4. Do you think there is a risk if she is on Expired EAD while waiting to receive the Receipt Notice for having received the renewal applications, that would grant her extension for 180 days? She does not intend to work.

  13. Hi Mr. Greg,

    I am current waiting for my green card interview based on family based adjustment status (I-485). I had visited USCIS office. They told me the waiting time for interview will be 14.5 months to 20 months USCIS received my case 6/14/2018. I have already receive my EAD card and will expired in 8/12/2019. I will be hosting my own wedding back home(Out of state) in 8/11/2019, and I am traveling back in to US on 8/15/2019.
    I had already applied I-131 along with I-485 last year when I applied green card. I have noticed, by the time I am traveling back to US my EAD card will expired. In this case, I have to renew my EAD card and resubmit I-131? Do I have to pay any filing fee for either I-765(EAD) or I-131 ?

    1. If you had applied filed the I-131/I-765 together then you’d already have your advance parole (it comes on the same “combo” card). But in any event, filing fees aren’t required for EAD renewal applications for adjustment applicants.

  14. Hello Greg,
    My EAD card is about to expire. I applied for a travel document later based on pending i485 on after receiving current EAD . However my EAD is expiring in 9 months. if i have to reapply for i765, should i apply for travel document again though one is still pending?
    Please help.
    Ps: no interview notice received yet

  15. I think somebody can help me with my case I filed my forms February 2018 and I had my interview with the immigration office on July 2 2018 and since that I didn’t hear anything from them , may EAD will expire on mars 2019 I called the immigration 2days ago they said maybe it takes between 11 to 23 months I don’t know if I have to pay to renew my EAD or no and the problem I already had my interview 5 months ago I don’t why it took that much time thank you in advance

    1. I’m in the same boat as you, Karim. Interview with USCIS July 24, 2018 and EAD expires April 2019. I’m yet to hear an update on my case. I am planning to apply for renewal of my EAD per this article and not include a filing fee, as recommended. Texas Service Center, if that helps. Will provide an update on my application if anything changes.

      To Greg McLawsen – really appreciate the info on this blog, thank you very much!

        1. I applied for renewal of EAD and advance parole documents, and did not include a filing fee. I received I-797c notice of action documents in the mail from the USCIS Service Center in Texas informing me of the case status numbers associated with my applications (one for EAD renewal and one for I-131 advance parole). Now to wait for an update on these applications, as well as my filed I-485 from some time ago.

        2. Following up on this – received renewed EAD + AP combo card in the mail today. Valid until April 2020 (1 year extension) based on pending adjustment of status.

  16. Hi Greg please advise me on this. I filed for removal of condition and received 797C Notice Of Action receipt which dated 10/28/2017, I also received my SS card with DHS Autorization to work at that time no termination date on my SS card, I am also renewing my passport. Now I haven’t heard or received any extention from USCIS. I called them and was told my application was send to another facility for processing. Greg I wants to travel domestically. What do I show so I can get on a plane to other States. Is my Notice of Action still valid, will the airline and TSA accept my 797C.

    1. Yes – if you are a conditional resident with a timely filed I-751 then you can travel domestically with just the receipt notice (and green card and passport). TSA doesn’t screen for immigration status. On the off chance that a CBP officer runs an inspection – which they do periodically – this documentation should satisfy them, as you remain in LPR status by operation of law.

  17. I filed I-485 and I-765 last November. I already received combo EAD which is now close to expiring. I-485 still pending. I am filing form I-765 to renew my EAD. what is my current status? Pending I-485? Advance Parole?

      1. How many times can an EAD Be renewed based on a pending i-485? Also, i filed the 485 with the 765 almost two weeks ago (nov 3rd) and sent it to a lockbox ( as per uscis info page) but still have not received a notice ( today’s date is nov 15th). Whom should I call or should I wait longer? Thanks!

  18. Quick questions will i need to complete the I-765 worksheet if i am someone with a pending form I-485? Or can I simply complete the I-765
    form?
    Thank you so much for this post super helpful!

        1. I just filed mine and as long as you have a pending i-485, you don’t have to pay the fee for an EAD. Just make sure when do send your application in that you include a photocopy of your receipt that you received from filing your i-485.

  19. Hi, my I-485 is still pending as no interview has been done as of yet and my EAD (Which is Work and Travel document comined) , can i just fill 2 new forms for I-765 and I-131 and send them to USCIS.. do i have to pay any fee? first time i did not pay for this but only I-485 but not sure for renewal if i have to pay any fee.

  20. Hi I find your article to be very helpful with regards to my case…I filed for I-751 last year and had done with my biometrics after that..I received a 12 month extension that expired may of this year…I later got a notice notifying me that they moved my case to Nebraska..I got an 18 month extension early august in the mail..however this extension will be expiring this november…I called uscis and they told me to schedule an infopass online…I had been trying to get an appointment however there are no available appointment everytime I check…it says they will post appointment every 14 days…My question is what will happen if my 18 month extension expires while my case is still pending and no available appointment at the uscis field office?Is it possible for me to go to the uscis field office and obtain an appointment there if I cant make one online?

    I would really appreciate your response.
    Thank you!

      1. Hi greg thank you for your reply! I just want to clarify that im not looking for employment as of the moment, im currently a housewife, a young mother of an energetic toddler, also we are not planning on vacationing out of the country anytime soon, I’m just concerned about my status as a conditional resident. Just wondering if they would initiate deportation after the extension expires while the case is still pending. Thank you so much!

        1. Check out the post – it explains that you remain a resident until the 751 is approved (at which point you become a non conditional resident). Good luck with the toddler. If anything is tougher than US immigration law it is parenting.

          1. Comforting to hear my resident status would not be affect even after the notice expiring! Would the notice expiring affect our employment status though?

Leave a Reply

Your email address will not be published. Required fields are marked *

Back To Top