The new Administration has raised anxieties in immigrant and asylum seeker communities. In part, this is because of President Trump’s rhetoric (and rhetorical style) during the election. And in part, it’s because we just don’t know what to expect from a Trump Administration. Rumors have been flying: Will there be some sort of Muslim ban? Will the President repeal DACA? Or will he (and Congress) create a permanent legalization for DACA recipients? Mr. Trump will be issuing some executive orders later today banning Syrian and other refugees from coming to the U.S., and restricting visas for people from certain Middle Eastern countries. How this will all play out, we shall see.
But amidst the uncertainty, there is some good news related to work permits—or Employment Authorization Documents (“EADs”)—for asylum seekers.
First, last fall, the government started issuing two-year EADs instead of one-year EADs to people with pending asylum cases. This was a helpful development. It saves money since applicants now only have to apply for a new card every other year. It also makes it easier to obtain and retain employment, since employers feel more confident hiring people who have a longer period of authorized employment. In addition, many states issue driver’s licenses that correspond to the dates on the EAD, so a two-year card means a two-year license. All this helps ease the wait for people seeking asylum.
Second, last week the government issued new (and long anticipated) regulations “to help prevent gaps in employment authorization”:
DHS is providing for the automatic extension of expiring EADs (and underlying employment authorization, if applicable) for up to 180 days with respect to individuals who are seeking renewal of their EADs (and, if applicable, employment authorization) based on the same employment authorization categories under which they were granted.
This means that when you file to renew your EAD, your card will be automatically extended for 180 days once you receive the receipt (it usually takes three or four weeks to get the receipt). This is an important development, since USCIS has been taking months to process EAD renewals, and people were losing their jobs and driver’s licenses while they waited for their new EADs.
The automatic EAD extensions apply to refugees, people with asylum, and people who have pending asylum or withholding of removal cases, among others. You can see the new regulations here (see page 82491, the second to last page of the PDF) and here (page 82455, footnote 98, which lists the categories of people eligible for the automatic EAD extension).
Also, remember that you can apply for a new EAD up to 120 days before the old card expires. Even with the most recent change, it is still a good idea to apply early for your new card, so you receive the replacement EAD as soon as possible.
And here’s one last tip for today. If you cannot afford to pay for the new EAD (fees recently went up), you can request a fee waiver from USCIS, which—if granted—allows you to obtain a new EAD without paying the fee. To apply for a fee waiver, use form I-912, available here.
I have written many times about the affirmative asylum backlog. It has been a real disaster for asylum seekers—especially those separated from their family members. The recent changes to the EAD process, during the waning days of the Obama Administration, have at least made one aspect of the wait easier, and for that, we can be thankful.
[Update 03/27/17: USCIS has published a helpful summary of the categories eligible for the automatic extension here. They also created a useful Fact Sheet, available here.]
Hi Jason,
I also have a question. I do already have a social security number from my previous visas. Just recently, I had applied for an asylum and I know that I am able to apply for an EAD after 150 days. I was thinking what if meanwhile I could work with my social security number, might that be a big problem when the time comes for an interview? Thanks.
Working illegally should not affect your eligibility for asylum. It could affect other things, like if you want to change from one non-immigrant visa to another. Take care, Jason
Helo sir. 150 days before apply to work permit if we got it sir.
I am not sure if this is a question, sorry, Jason
I am in big trouble in renewing my work permit. As I bothered what to do I came across this page. I need your Advice on what to do:
I already applied for my permit renewal on Jan 11/2017 60 days ahead of the expiry date. But I now notice while I fill i-765 form I wrongly filled on my address the Apt No not applicable. I think its because of this I didn’t receive my receipt. I am really confused what I should do.
So with deep respect what advice would you give me. Thank you for your consideration.
Sahlu
(Sorry for My bad English.)
Maybe call USCIS – you can find the phone number at http://www.uscis.gov – and ask whether the case is received. Also, if you paid for the work permit with a check, you can contact your bank, get a copy of the check, and find your receipt number that USCIS stamped on your check. With that number, you can go online at http://www.uscis.gov and check the case status and file a change of address form (AR-11) to correct your address. If none of that works, you may need to file again, but you would need to explain in the new filing about what happened, and the first application might interfere with the second. Good luck, Jason
Hi Jason,
I with my family submitted biometrics and fingerprint @ USCIS on 24 Apr 17 after asylum application received on 7 Apr 17.
My USCIS online status says, ‘validation error’when I enter the receipt number. What should I do? I highly need EAD though less than 150 days after application, being with children, family responsiblity.
Should I request for EAD? How I can request?
Or does providing fingerprint and biometrics mean that by default I need work permit and they will send it before I apply?
How long will it usually take for EAD after biometrics?
Thanks,
Grant
If you got the receipt, you should be fine. You cannot check asylum status on-line. After 150 days, you can apply for the EAD. Take care, Jason
Thanks, Jason.
But why I can not check my status with the asylum receipt number? Hoped should work.
How many days will it take for EAD usually after biometrics and fingerprint? as I see they are making my case fast considering family.
Thanks,
Grant
USCIS believes that this makes the system more confidential. You are required to wait 150 days after your asylum case was received, and then you can apply for the EAD (form I-765, available at http://www.uscis.gov). After that, it usually takes 2 to 4 months to get the EAD. Take care, Jason
Hi,
I want to renew my EAD. I will br moving in 2 months. So, it wont provably arrive before I move. Which means that I will certainly change my address. Will it be better to file under mt new address, eventhough it is not my current one. What do you suggest thanks.
Yonas
If you have access to the new address (so you can get your receipt), that would work. Otherwise, you can change your address when you move using form AR-11 (available at http://www.uscis.gov). For purposes of the EAD, you can change your address via the on-line system, and that should work. Take care, Jason
Thanks. Is it possible to use my friend’s address? To avoid all the hassle. Because, I have previous experience with that. I recieved my past EAD from my old address despite i made a change at least 1 week before approval. This time when I move I will not have access to my current address. So, to be on the safe side can i use my friend’s address.
Thanks
Yonas
You can give a mailing address and a physical address – you can use your friend’s address for the mailing address. Take care, Jason
My eid card expire on may 25 2017 and i didnt my new vard yet and i driver uber and my licence wil expire may 23 2017 what i have to do
If you file for the new EAD and you have the receipt, your old EAD should be extended for 180 days, which allows you to keep working and extend your license. So if you have not done so, file the renewal as soon as possible. Take care, Jason
Hey Jason and all others.
Please i don’t know what wrong with my Working permit.
The uscis mailed it since the 04/24/2017. And i didn’t receive it. So i called them today, and they gave me the USPS tracking number. I went to the UPS web to check the position off the mail. I noticed that the mail was delivered since April 27, 2017. But the problem is i didn’t receive any mail yet. So what do i need to do!? Please
Thks in advance
You may have to file a new I-765. First, call USCIS and ask them – you can find the phone number at http://www.uscis.gov. You might also make an appointment to see them in-person on the same website (called an Info Pass appointment). They will tell you how to proceed. In addition, if your mail is unreliable, maybe you can use a PO box or a friend’s address to receive mail from USCIS (and from the asylum office). Good luck, Jason
Thks
Dear Friends,
I have applied for work permit on March 27, 2017 and on May 8, 2017 (after 42 days) my online status reads “new card is being produced”. I am glad to read that, but I don’t know when it will reach me. Any one who can share his/her experience?
Thank you all!
Hii scopa
Mine still the same in process and its already 40 days
hi scope
mine was received on march 28 2017 and still no update so I hope this week or next week to get a good news
take care mr DJIB
Great!! It usually takes up to 10 days to be delivered to you. remember to make everything ready for SSN application. As soon as you receive your EAD you can apply for jobs and make the application to SSN. it takes about 2 weeks to get your ssn. By the way, can you please share to which service center you apply and your timeline? thanks!
It often takes a few weeks to get the card, but hopefully, it will be sooner. Take care, Jason
Thank you dear Friends and Jason,
My service center is Texas and my asylum application is pending at LA office!
Have a great day!
Dear All,
I have received my EAD on May 12, 2017. That means in less than one week after the online status changed to ‘new card is being produced’!
Thank you all and Thank you Mr. Jason for you invaluable informations!
Congrats scopa
How do you check your EAD status online? When you apply for EAD do they send you email to tell you the status? Thank you.
When you apply for the EAD, they send you a receipt (paper or email, if you signed up for email receipts). You can check your status with the receipt number at http://www.uscis.gov. Take care, Jason
Hello Jason,
Am writing this for my sister,her master hearing date is going to be rescheduled as she was given same date as her delivery due date. But she havent heard back the next hearing date. Meanwhile she and her husband want to get divorce, so in this case how will it impact my brother in law, as she is an asylum petitioner. And other complicated thing is she wants to marry another man as she has been in abusive marriage relation? Does her going to be husband can get EAD through her Pending Asylum case?
Also, the abusive marriage may be a basis for her to get status in the US, but again, talk to a lawyer. Take care, Jason
Hello Jason,
MyAm writing this for my sister,her master hearing date is going to be rescheduled as she was given same date as her delivery due date. But she havent heard back the next hearing date. Meanwhile she and her husband want to get divorce, so in this case how will it impact my brother in law, as she is an asylum petitioner. And other complicated thing is she wants to marry another man as she has been in abusive marriage relation? Does her going to be husband can get EAD through her Pending Asylum case?
She needs a lawyer for the court case. The old husband will too, as he has a court case and he will lose his derivative asylum status if they divorce. The new husband may be able to get an EAD based on your sister, but he first has to marry her and then join the case, which may or may not be possible. Anyway, it is clear that your sister and her soon-to-be-ex husband need to talk to a lawyer (or maybe two different lawyers). Take care, Jason
Hi! Thank you for your help, in advance.
My situation is that I have an OPT work permit under an F1 visa, that is expiring on May, 31st. Also, I already submitted an asylum application and the 150 days will be due on June 5th, also this year. There will be 5 days until I am able to request for the new EAD, this time as asylum applicant.
My current employer is already asking me for the new documentation, my question is: Am I still covered/allowed to work until I receive the new EAD? What documents should I show to my employer in the meantime? Thank you
I think you will have a gap between your old EAD (based on OPT) and your new EAD (based on asylum). I do not think there is a way to fill this gap. The automatic EAD extension discussed above only applies if you are filing for a new EAD based on the same category as the old EAD. Since it takes several months to get the new EAD, this will not be such a short gap. Maybe you can take a leave of absence or you can work as an unpaid intern during this gap period. If your employer is flexible, you may be able to come up with a solution. Also, maybe you can somehow extend the OPT EAD, but I do not know about that. Good luck, Jason
Hi
I’m on L1B and i have a pending asylum case, would applying for an EAD affect my case? I already have some issues at work, would changing my job affect my case?
Thanks
If you keep your L1 job and later want to change to another status (or for example win the DV lottery and want to get a green card), you can do it. If you give up your L1 status, you probably cannot do that. Otherwise, I do not think applying to for the EAD will have any effect, and changing your job will not affect your asylum application (unless, of course, you asylum claim is related to your job). Take care, Jason
Hi Jason,
Thanks for the good job you’re doing… I just need a clarification because am kinda confused… I have a pending asylum application… the question is, Am I still an undocumented immigrant? What is my immigration status?
“Undocumented immigrant” is not a term in the law. If you have a pending asylum case, you are lawfully present in the US, and you can stay until your case is resolved. Take care, Jason
Hi Jason ,
You are really doing a good job , I want to seek an asylum which state is the best now a days to seek asylum on religion basis !! I am a Shia muslim .. me and all my family had b1/b2 status currently.
I did a posting about this on February 25, 2016 – maybe that would help. Take care, Jason
Hi, I have a pending asylum case. I submitted my case during June 2016. It’s from Los Angeles, CA. Could you please tell me the possible interview date/month/years for my first interview with USCIS?
I cannot – Check the Asylum Office Scheduling Bulletin – a link is at right. The LA office is getting help from other offices, so things may speed up over there. Take care, Jason
Thanks, Jason!
hi jason
i have a question,i need to renew my EAD but i dont know what kind of document i need to send,i am asylum waiting for interview desicsion and my EAD will expire on jun 18
thank you for help
google it & check the USCIS website. It is very clear there. If you can search something out from Jason’s blog, you certainly can search that information out from USCIS website.
You have to check the instructions for the form I-765, available at http://www.uscis.gov. It should tell you the documents you need. Take care, Jason
I been completed150.days and APPLYfor EAD card card and tis already been 26days I didn’t receive it but I received a receipts my question is how long its took to have it my first ead card sir??
Dear Fardin,
I don’t want to discourage you but I have applied 38 days ago after waiting for 150 days. Yet I didn’t received my EAD and also the online status says ‘Case was receive’! we have to wait patiently!
Ohh thanks alot brother I appreciate alot thank you
hi, fardin.
me too I m waiting my card is been 35 days not yet received my EAd card. but hey guys hope for the best. we will get a good news soon .
keep sharing your experience with us so that we hope for the best
it usually take 2 months up to 3 months but is unpredictable
Hi mr djib
Usually as we know guys who have asylum case pending they should wait only 30days for ead card after 150 days of waitn so total 180days as my friand he received it in.180days excatly so we realy do not knowing wht” goin on I swear is there any new rule about it we dont know about it
Waiting times are not predictable. Just because one person got the EAD quickly, does not mean that another person will. I think it is a lot of luck. Take care, Jason
Hello Jason,
I have asylum pending case pending since November 2016 and I did biometric in November too, but I filled for my working EAD in January which they sent me a receipt of acceptance and its also saying I filled to early etc so right now its May 2018 I think its almost 180 days of case pending.. but no EAD Card or noting my case status still saying case received. am just confused so I need to file another I-765 or wait because its gonna be 180 days this May.
If the first EAD was denied (which it probably was, since it seems you filed too soon), you would need to file a new one now. Take care, Jason
I never got a message about deny its showing case receive since and I have not receive any thing from them since they never said deny or anything
Normally, if you file too early, the EAD will be denied. Contact USCIS or go in person to ask. Their phone number and Info Pass appointment info is available at http://www.uscis.gov. Take care, Jason
Thanks Jason for your candid reply. when i contact them last month they sent me this latter:
The status of service request is:
further research is needed in regards to your inquiry. you should receive correspondence within the next 60 days regarding this care. if you not receive this correspondence, Please contact customer service .
what you can do
Please see the online services ” below to check the status of your case in the future.
we hope this information is helpful to you.
this is letter they sent me so i was thinking are they gonna approve it before the end of the 60 days ?
Hopefully – if not, you can contact them again. Good luck, Jason
Hi sir. My question is my fingerprints completed after how many days we received immigration court interview letter.we are apply for work permit 90 days we did get ead possible
I do not understand the question. If you filed an asylum application, form I-589, with the asylum office or immigration court, you should be eligible for an EAD 150 days after you submitted the I-589. Take care, Jason
Hii dear SCOPA
Any news did you receive it on not yet??
Which office is processing your ead application guys? mine is being processed at Nebreska office and it has been 45 days today. Still waiting
same as Nebraska .we hope to get news soon keep head up guys we will find
Dear Fardin,
Still waiting, I hope it will reach for the end of May, 2017. I hope so! be prepared to wait a bit longer. may be for 50 to 60 days after the 150 days clock.
The EAD card normally takes 2 to 4 months. Take care, Jason
hi Jason, thank you for the good job you doing. pls my question is, i am an pending assylum seeker, and i want to apply for EAD after the 150 days of case pending.pls do i need to pay the EAd fee filling for the first time under the pending assylum categorie? thanks anticipating for your response.
If it is your first EAD based on a pending asylum case, you do not need to pay the fee. Take care, Jason
I transferred my asylum case from NY to VA last week in interview day which means rescheduled interview in VA. I don’t how long does it take for new interview date but my question is Will my EAD approve if i renew now? Thanks
If you had an EAD based on asylum previously, you should have no trouble renewing, even if you transferred your case and caused a delay. Take care, Jason
I have a pending asylum case. The 150 days to apply for my EAD will be in May. My drivers license has expired because it was limited due to my I-94 on my passport. Can I use the acknowledgement receipt of my pending asylum to renew my drivers license or do I have to wait for my EAD?
Some DMVs may allow that; most do not. You should ask the DMV to see if they can help you. Take care, Jason
Hey!
I get my first Ead last year for one year then it was expired almost 3 months I have not money to renewing so my question is there is any possibility to extension my old one or I have to renew
If its on pending asylum, apply for fee waive. Just be sure to provide evidence of your inability to pay. I had to send in my w2 and the fee waiver was approved. Jason will throw more light on this for you.
Yes – Look at the form I-912 (available at http://www.uscis.gov) and it will tell you what evidence you need. It can be a bit tricky to get the fee waiver, and it can cause some delay, but it is certainly do-able. Good luck, Jason
You have to renew it. If you cannot afford the fee, you can request a fee waiver so you do not have to pay the fee. Use form I-912, available at http://www.uscis.gov. Take care, Jason
I have received the following response from san francisco’s Asylum center: FYI, I already had an interview (twice) on March 3, 2017. What does this mean?
“Your asylum application is pending a final decision. When the final decision is rendered in your case, you will receive the decision in the mail.”
It has very little meaning. You can contact them to inquire about the status of yurt case. You can find their contact info if you follow the link at right called Asylum Office Locator. Sometimes, there are long delays after an interview, and this is particularly true for men from Muslim countries. Take care, Jason
Thanks for all your helpful information in advance. Me and my husband have a pending asylum case, we filed our EAD renewal in February, I got my I-797C Notice of Action, but his got lost in the mail, we called USCIS, they filed a report, corrected the address (which I think was wrong) and we got a change of address letter on the mail. Today he went to the DMV thinking that letter would be enough for the DL renewal but turns out they will only be accepting the I-797C. His DL expires in 2 days and calling USCIS did nothing for us. Wil he loose his job as well if the I-797 does not appear? We can see the case online and all because they gave us the receipt number and everything looks good but no Notice on the mail.
I would print the on-line info and have a copy of the USCIS website explaining the automatic extension (the above article has a link to the USCIS website). Hopefully, that will be enough for the employer. If not, he might also make an Info Pass appointment and go personally to USCIS and explain the situation (make an appointment at http://www.uscis.gov). As it may take a few weeks to get an appointment, he can make the appointment and just try to go tomorrow (or whenever he wants) and tell them it is an emergency because he may lose his job. Maybe (I am not sure) they can print something for him to show the employer. Take care, Jason
HI! First of all thank you for all your advice. Am just reading all the comments and I find it very helpful. Still I have a question to ask. I am pending asylum and have to renew my EAD, also i have to renew it for my 8 years old daughter. Since this are two applications do I have to make a payment for her also? Also what I didnt understand is how much is the total payment, I have seen its 410$ per person but I am not sure if there are any additional costs?
It is $410 for most people, but check the I-765 instructions. You would need one application per person. Most children do not really need an EAD (she does not need it to attend public school and I imagine she is not yet working). If the fee is too high, maybe you can do a fee waiver (form I-912, available at http://www.uscis.gov, to avoid the fee. Take care, Jason
I would like to learn about the automatic extension of the work permit, which came into force 01/17/17
I want to learn about the automatic extension of authorization work, which was put into effect 01/17/17
The above post has some links that should be helpful. Take care, Jason
Hi,
I want to apply for EAD based on asylum pending application. But also my wife is filing I 130 petition for relative. My question is can i apply for EAD based on asylum pending application while I am applying I485 for adjustment of status?
You can do both. That should be fine. Take care, Jason
Hi!
I need to renew my EAD soone ..but I don’t know what status I have right now ( question 16 ) I had applied for asylum on 2015 and I didn’t received any answer…can anyone help me …thank you
It sounds like you are an asylum applicant (asylum pending). You can see the category most easily if you look at the I-765 form Direct Filing addresses (at http://www.uscis.gov). Take care, Jason
Dear Jason,
I got my EAD receipt March 24 2017. (I filed my asylum application in September 2016) and I am waiting for my EAD. The question is how long will my ead expire? One year or two years?
The EAD should be good for 2 years. Take care, Jason
hi Jason
I m back again, I have a question
uscis received my case on 28 based on asylum pending than I find that I think my lawyer submit the visa front page only not the passport, so is gonna delay my ead or they can use as front visa page or is that anyway can I mail to them without asking me
thank you
I am not sure what you mean, but as long as your lawyer submitted the documents required for the EAD (form I-765), you should be fine. Take care, Jason
I received a notice for 180 days extension. Am I able to renew my drivers license with the notice it self or do I need to wait for my renewed card to arrive. I live in Louisiana. I figured dmv’s handle this cases different in each state but i was hoping if you had any I info on this matter. Logically I think every state should; being that one wouldn’t be able to go back and forth to work and not have a drivers license. Otherwise it’s ironic and kind of pointless to have an extension. Anyways I would greatly appreciate it if you have any input. Thanks a lot.
Each state DMV is different, but it should work everywhere. You will have to check with your DMV to be sure. If you find out, maybe let us know in case there are other people from the Louisiana. Thank you, Jason
first thanks jason for your great effort and i just wannna give hope to everybody who plan to renew there EAD ,my case am asylum pending and my first EAD which is one year is about to expired on May 01 2017 , and i applied for my first renew on March 13 2017 then i got my recipet on March 19 it shows 180 autmatic extend , and on 15 April 2017 i got my EAD approval letter for 2 year and today April 20 i got my card , so whole process was 5 weeks ,was Texas office , i just wanna share my experment and wish you all good luck ,
My question is that did you pay any fee because i have similar situation with yours but i submitted in March 30th 2017 for EAD renewal, i am yet to receive receipt notification till now but i did not pay any fee. Please assist me by telling me how it is done please, thanks
Normally for a renewal, you have to pay the fee or request a fee waiver (form I-912, available at http://www.uscis.gov). Take care, Jason
Thank you for letting us know. It is nice to hear good news, Jason
Jason
@LODY mention above that she go the EAD approval letter for two years.
1. Does the automatic extension apply only if we get the approval letter or the receipt will also work?
2. For me it is more than 90 days and just got the receipt and still waiting for the card.
Thank You
1 – The receipt automatically extends the period when you can work. 2 – That is slow, but hopefully the EAD will be processed in the normal time frame (2 to 4 months after filing) and so maybe you will get it soon. Take care, Jason
Hi- I have a question regarding renewal of my driver’s license with the Automatic Extension. My employer would be able to E-verify that I am eligible for an extension, but would my DMV be able to do the same? And can I use the I-797C along with my current EAD to renew my driver’s license?
Thank you!
Different states (and offices) seem to behave differently. We are hearing that people can extend the DL based on the automatic extension, but you will have to go to your DMV and see what happens. Take care, Jason
My experience last week, i went to DMV with my EAD and receipt notice. They just ask me did you already apply for new EAD and renew my licence for 1 year.
That is good news. What state are you in?
Nebraska
Hey,
The USCIS approved my EAD since April 5, but i still don’t get it until now. I am little bit confuse about this situation. Do I need to call them to figure out?
It usually takes a few weeks to get it. If you are worried, call USCIS. You can find their number at http://www.uscis.gov. Take care, Jason
I live in newyork can i extand my license with extanded letter
Hey,
I was granted my EAD since April 5, and I still don’t get it and I am little bit confuse about it. Do I need to call USCIS for that?
Sometimes it takes several weeks after the notice to get the card. You can call them and ask. The phone number is on their website, http://www.uscis.gov. Take care, Jason
Hello Jason,
I had applied for my EAD RENEWAL on Jan 2nd 2017 under pending asylum and it is already 90 days and it is going to expire next week. I called the customer service and did service request last week but still i didn’t get any response from them.
I will be terminate from the job if i don’t get the card in hand by next week. Just checked online and found some link saying that it will automatically extend for 180 days for pending asylum category(c08) if we have filed before the expire date of EAD.
1. Is this true, does it apply for the pending asylum status or this will apply only for the TPS status.
2. If it apply for asylum pending status too, how the employer will verify that, what are the things that we need to provide to our employer.
3. Is there any way, we can verifiy ourself?
Thank you so much for you help and Support for the people like us.
1 – This applies to you. There are links at the end of the above article to the USCIS website that confirms this – you can show that to your employer. 2 – See 1; the links above (and there are several) all confirm this. 3 – See 1 and 2. Take care, Jason
Please add me to your email list
I am not sure what this means – this blog does not have an email list, though you can follow it on Facebook. Take care, Jason
Hi Jason,
My asylum case is pending as of Feb 13, 2017. On August, 2017 I will start ph.d. education. The university offered me Graduate Assistanship however I am worried about my working permit. You already said that once I file my EAD form, it will take 2-4 months. In my case, I will not get my work permit until August 2017. As an asylum seeker, is it possible to obtain student visa provided by the university to be able to work as an assistant?(my current visa is revoked right after I filed my asylum application). Thank you.
Normally, visas are not revoked upon filing for asylum. Are you sure it was revoked? If not, maybe you can try to change status to F-1 (despite the asylum, it might still work). Otherwise, you should talk to the school to see whether they can help you. It’s not impossible that you will have the EAD by August, but it is pretty unlikely. Maybe they can allow you to start based on your asylum pending status, or if you need the EAD, maybe they can allow you to audit classes until you have it. If nothing else works, you should be able to start in Spring 2018, if they allow that. Take care, Jason
My visa is revoked but I forgot to tell you that it is not about filing my asylum application, it is about my “duration of status”.
Thanks for your suggestions. I will follow your recommendations and discuss my situation with the university.
Take care.
Dear Jason,
I am in the US on F1 status. I also work at the university part- time. My wife applied for derivative asylum status for me and I got approved on March 22. I applied for EAD and I got I-797C notice of receipts stating that the received date of application is on March 31 and the notice date is April 8. I notified my school about my status change but they told me to come back when I get the EAD, so that they can change my status in the system.
My question is:- will it be a problem for me to continue working at the university until the EAD arrives? I work at the university because I have DHS authorization to work up to 20 hours a week as a student. Since I have changed my status to asylee? should I stop working until I get the EAD based on asylum approval? Or is it OK for me to continue working?
Thank you so much.
I am not sure. However, if the university allows you to keep working, I do not know that there is any harm for you to do so. Even if a person work and lives illegally in the US, he can get asylum status as a derivative. If you are worried about this, talk to a lawyer and maybe they can look into the specifics, or – since it involves the F-1 visa – you can ask the school to help, as the schools generally have knowledge about such visas. Take care, Jason
Hi Jason!!! Me and my husband have EDA which is going to expire in 08 Aug 2017 when is the right time to renew our EDA. And its on pending asylum.
I advise my clients to file 120 days before the EAD expires. I believe the I-765 website says you can file 180 days before it expires, but that is relatively new. Take care, Jason
hi Jason
I was wondering to ask you a question about ead
so mine was received on 28 march 2017 .so as I seen on your comment people wait time is 2 to 4 month.
so the question; 1 how they approve the case is that after pending asylum on 180 day which is today my 180 or after 30 days they received the I 765?
2 can I raise SR on 1 may by a job offer or wait?
thank you
1 – I was estimating the 2 to 4 months from the date the I-765 is received. 2 – I do not know what SR means. Take care, Jason
Hey jason
I wrote a mail regarding my notice for biometrics which i was supposed to receive 2-3 weeks earlier but they replied saying they have already mailed out to the correct adress. What should I do now ? Will they send it again to me?
Contact the local asylum office and ask them about that – maybe they can help. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason
I filed for my EAD on 23rd Feburary the USCIS office of PA recieved it on 25th Feb and they put a notification of recieved on my i-797c notice of action which indicates C08 eligibility form on 27th of Feburary 2017. This notice of action got recieved around 12th Feburary 2017 Well I received a mail in my email saying your case has been accepted and directed to Nebraska Service Centre for processing, can you kindly tell me what does this means? As I have a asylum pending case and it’s been 45 days already my i-765 been received. Can you tell me when should i expect my EAD ? And what is the possible reason for delay in my case?
USCIS moves cases around depending on its work load. It has no meaning. Most people get the EAD between 2 and 4 months after they file for it, so hopefully, you will have yours soon. Take care, Jason
hi ET
have you get any update from the uscis
Hi sir my name is Theresa Williams I had filed my asylum case in may 2016 I got a first letter in July 30 2016 and we did our fingerprints in august 2nd 2016 still now no sign , we waited till January end and 2nd of February We applied for work authorization so far I didn’t receive any response from immigration office I am very much tens my kids are minor they are studing in school will I have any problem please reply
Thank you so much
It normally takes 2 to 4 months after you file for the work permit to get it. You can get an idea about the waiting time for your asylum case if you check the link at right called Asylum Office Locator. Take care, Jason
Hi jason’
i applied for asylum but not approved yet,so what is my current status to file tax? I came in US in J1 status, j1 status was till november and i applied in September. is that ok to mention i applied in September in tax form even my visa was till november. Thank you so much for your help
I do not know what your status is for tax purposes. If you are still here on your J-1 and still engaged in the J-1 activity, then your immigration status is J-1. If your J-1 is finished or you are no longer a J-1 student/worker, then your only status is asylum pending, but I do not know how that should be entered on your tax documents. Maybe discuss with an accountant. Take care, Jason
Dear Shriju,
You can mention like J1 untill—-, and then asylum pending from—–. That’s it.
Good luck!
Thank you so much for your articles and for answering to our problems freely and out of your kindheartedness.
I applied for EAD renewal and sent a $410 check. My application was returned with a rejection notice saying “payment amount is incorrect or has not been provided.” At the instruction of USCIS customer service, I again sent a check of $495 ($410+$85 biometrics fee). But it returned again with same above reason. Could you please advice on what could be wrong in my submission of I-765 and what I can do next?
Thanks so much and God bless!
I am not sure. The fee for an EAD renewal based on asylum should be $410. I recommend you call them to ask. You can find the number at http://www.uscis.gov. If you resend it, maybe print the copy of the I-765 instructions that say the fee amount and highlight it or circle it, so the people at USCIS see it. You might also write “Previously rejected improperly – Please give to a supervisor” on a piece of paper and put it on top of the packet. But call them first and see whether they can give you an explanation. Good luck, Jason
Thank you so much for your prompt response and helpful advice. I will circle/highlight the fee next time from the I-756 instructions and will call. I will also include copies of both rejected/incorrect amount $410 and 490.
Thank you and may god bless you and your family always.
Let us know what happens – Good luck, Jason
Hi Jason,
An update on my case.
As advised previously by you, I re-filed the I-765 application with $410 fee and included the previously rejected notices. I got a notice from USCIS stating that my case was received on April 20, 2017 and the notice date is given as April 24, 2017. The case is reportedly “in process”. So maybe, it is a good sign. Thanks a lot for your advice.
My first EAD renewal was rejected due to rescheduled interview (asylum clock stopped then) and twice since then due to inappropriate fees. Since my asylum interview decision is still pending, does the automatic 180-day extension apply to my current EAD? I did have EAD validity for one year prior before the rejections happened for different reasons. The notice letter does say it “automatically extends the validity of your EAD for up to 180 days” if “timely filed, under eligible category” etc. If this automatic extension is applicable to me, do I need to fill any forms or do anything to make it happen?
I lost so much time in this EAD process due to many unforeseen happenings that I just want to get it right this time and hope I am not missing anything here.
Thanks immensely once again for your helpful guidance. It is truly, truly appreciated.
Glod bless you and your family always!
If you filed your I-765 (the most recent I-765) before your old EAD expired, you should benefit from the automatic extension. If you filed after the old EAD expired, I am not sure. You can try to use the new I-765 receipt to renew your driver’s license and keep working, and hopefully, it will work. Take care, Jason
Thank you so much Jason for your reply. Your kind help not only helps to provide solution to an existent problem but also to make sense of this confusing and frustrating asylum world. I am sure you have the blessings of countless asylum seekers. Still, I wish to thank you deeply for for your noble service and God bless you and your family always! Thanks again.
Hello Jason, I am an asylum seeker. If my attorney denied the judge’s offer of the earliest available court date and request for more time, without knowing it can affect my EAD clock, what can i do & how can I resolve this issue or can I go ahead and apply for EAD as the time is up to 180 days and how can I renew my I-94 Card, with lack of knowledge regarding the fact that I can work with it? Thank you.
If your attorney did not accept the first court date, and your asylum clock is currently less than 180 days, you cannot apply for a work permit and your clock will not start until your next hearing date. I suppose your attorney can ask to move your next hearing date forward, but otherwise, there is not much you can do. Some people can get a work permit using the I-94 if they have humanitarian parole. You have to renew that at the local ICE office, and whether they will renew it is anyone’s guess. They used to, but it seems like they are not doing it so easily these days. Take care, Jason
Hi Jason,
First of all thank you for your hard work, you are really helping a lot of us Thanks. I have be “asylum pending” for more than 150 and I wanna fill out my I-765, my question is: can I fill it on my own? because my attorney will charge me more money if he does it.my second question is as an asylum pending do I need to mail my I-765 with 2photo(passport style)? or only with a copy of the receipt of my I-589? Can I leave blank spaces for questions that do not apply for me on the I-765? My last question is what order document can I submit the I-765 with? I am looking forward to an answer.
thank you.
You can fill it out on you own. Maybe let the attorney know you will do that, so you will both be on the same page. As for the other questions, I cannot answer such specifics. If you carefully review the instructions for the I-765, you should be able to find those answers. Take care, Jason
Dear Jason,
I am a dependant in my parents asylum application. In two months, I am additionally receiving my I20 to go to university as an F1 student. Do you think I am eligible to apply for a work permit? And if so, would this affect my student status? Would it have any effect whatsoever in my future visa procedures after I finish college. Also, If i work on campus, The university will apply for a social security number for me. Will i be able to have two social security numbers simultaneously! Thanks
If you have a work permit based on your parents’ asylum, you can work lawfully. However, I am not sure whether you will be eligible to get an F-1 visa if you have an asylum case pending. Student visas require that you leave after your studies; asylum is an application to stay permanently, so these two paths are in conflict. You should ask the school. If you already have the F-1 visa, then being an asylum dependent should not cause you to lose F-1 status. In any case, you should only have one SS number – you would have to talk to the Social Security office about that. Take care, Jason
Hi Sir,
my asylee EAD was received since february january 30. I only get the first notification and I still don’t get my EAD. one of my friend received his EAD on 1 month and 2 weeks.
Does something is wrong with my application? or will be denied?
Do I need to call for that?
I think it is too soon to worry. We normally see EADs take from 2 to 4 months (sometimes, a bit faster like your friend). If you got the receipt, you should get the EAD soon. Take care, Jason
Hi Jason,
If it’s your first time applying for the EAD card through Asylum case, is there any fees involved for that? to my understanding, there should not be any fees involved but if you’ve been on F1 EAD (OPT) and are applying for the Asylum EAD would that change the equation?
If you are applying for your first EAD based on asylum pending, there is no fee. Otherwise, there may be a fee and you would have to look at the I-765 instructions. Take care, Jason
Hi jason,
I had my assylum interview November 2016. And i didnt recieve any Answer. My work permit expired february 2017 .and i have applied for my work permit renewal .they have sent for me the reciept saying that they have recieved my application. Since my case is in pending status ,so what is the relationship with my assylum case and my work permit renewal. I have reached to the immigration office in Arlington to check my case and they told me that my case is in pending for supervisor review. I am very worried . Dear jason please give me with your valuable advice what to do?
You can continue to renew the work permit as before (your case is still “asylum pending”). Sometimes, people wait many months post-interview for a decision, so you have to remain patient and follow up with the asylum office once in a while. Good luck, Jason