What to do if I’m an international student and applied for OPT and waited for 12 months before they sent me an EAD card that would expire in 2months?

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What to do if I’m an international student and applied for OPT and waited for 12 months before they sent me an EAD card that would expire in 2months?

I sent it back stating that it’s a mistake and I was supposed to be granted a 12 month period for my OPT. They sent me a letter saying my case will be evaluated. I waited for 6 more months and just received a letter saying that they can not grant me a new EAD card, because I was supposed to finish OPT within 14 month period after completion of MBA. My EAD card expired 7 months ago but I received the final answer last month. I know I have 60 days to either leave the country or go back to school, however is it 60 from the official answer or from when my EAD card expired? Am I legally able to go to school?

Asked on March 9, 2014 under Immigration Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Renew an Employment Authorization DocumentEmployment authorization documents (EAD) allow non US citizens and non Green Card holders to work legally in the United States. It is a legal work permit that grants the holder of that document, authorization to work in the country. These documents come with a two year validity period and are renewable. In some cases, EADs valid for one year are issued by the USCIS.

People who hold these work permits can extend their permits when their cards near their expiration date. If they fail to renew these documents, they cannot work here legally. So people who hold employment authorization documents, who seek to work in the United States after the expiration of the work permits they were initially granted, need to renew their documents at the right time to continue working in the United States.

Right Time to Start the Renewal Process

To extend an employment authorization card, an application for renewal must be filed around 90 days prior to the expiration date printed on the card. An application for renewal of a work permit must be filed and accepted by the USCIS prior to the expiration of the card that was initially granted to the applicant. Applicants must remember that they cannot file applications for renewal more than 120 days before their original permits expire.

File Form I-765 to Renew an Employment Authorization Document

Form I-765 must be filed to renew an employment authorization document. Form I-765 can be filed online or the applicants can also choose to file the paper form. However, they need to read the form instructions prior to filing their forms. Forms that are filled out completely and accurately alone will be considered by the USCIS. Applicants need to keep that in mind while completing their forms and they need to provide all the information that the form requires. The easiest way to complete this form is to complete it online as the applicants are likely to make mistakes while completing the paper form.

Supporting Documents

Applicants who seek to extend their work permits need to gather the required supporting documents. They need to send photocopies of the previously issued work permits and Form I-797, USCIS approval notice of the permits they hold, along with their applications for renewal. If they have applied for adjustment of status, they need to submit copies of the receipt notices of their pending applications for permanent resident status. Along with these supporting documents, they need to submit two passport style photographs and the form filing fee of $380. Cash must not be sent. A check or a money order must be used to pay the form filing fee.

Filing the Form

This form can either be filed by mail or electronically. If the applicant is filing the paper form, the completed form along with the supporting documents and the form filing fee must be mailed together to the right USCIS office. If an application for renewal is filed online, the supporting documents must be mailed to the address printed on the receipt notice that the applicants obtain after filing the form online. People who file the form online can also pay the form filing fee online.

Applications for renewal are generally processed by the USCIS in fewer than 90 days. At times, the USICS might take more that 90 days to process these applications. In such cases, if the renewal is taking more time, applicants can request interim cards. They need to provide the application receipt notice they received after filing applications for renewal of EAD to get interim EADs. They can get those interim cards by making appointments at local USCIS offices and by submitting the required documents.

Answer: I would go post haste and consult with an immigration attorney in your locality. One can be found on attorneypages.com.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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