Am I eligible for EAD auto extension under eligibility category C09 if my previous eligibility category was C3C?
Asked on Sep 22nd, 2022 on Immigration - Pennsylvania
More details to this question:
I was working on STEM OPT based on the EAD issued under the eligibility category C3C. This EAD got expired on August 7th, 2022. However, prior to this on July 1st I filed for an Adjustment of status. The filing was concurrent filing with i-130, i-485 & i-765 with all required supporting documents and forms. I received receipts for all and had biometrics done on July 25th. The eligibility category is C09. My issue is that my employment was suspended by the employer as the EAD got expired on August 7th. The employer asked me to provide a new EAD if I want to continue with the work and I'm not sure when I would receive the new EAD from USCIS. My question is am I eligible for EAD auto extension under eligibility category C09 if my previous eligibility category was C3C?
Automatic extensions for EADs involve the same class of EAD and not different classes. That is because USCIS has already seen the basis for and approved the initial EAD application and is not so concerned about issues of ineligibility when considering an extension. In your case, it saw and considered your STEM extension application previously and so allowed your automatic work extension during the pendency. It will not give the same treatment for your initial EAD based upon adjustment of status, an entirely different basis for benefit. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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