DACA to AOS - Page 3

When. I applied for my AOS last October I didn't bother applying for a work permit because my DACA work permit was scheduled to expire in September 2016 so I had about a year. However, I would definitely apply for a work permit under the AOS category in your case because (a) you do not have to pay extra money for it, (b) if it is pending past a certain amount of time you can be granted an interim one that will allow you to continue working while your AOS is pending and (c) the Biometrics for your AOS will also cover an EAD petition as well. I think it is worth applying for, why not? Best wishes!

We did apply for EAD since my EAD from DACA is expiring this Sept (I'm actually freaking out since I most likely will get getting the new card close to the expire date of the current one). So yeah, I would def. apply for EAD with the AOS as it seems to be moving faster than EAD renewals from DACA.

Just curious: what is the process to get the interim EAD from a pending AOS application? Just wanting to know if there is a process if it comes to that.

The I-765 instructions state that " If you have not received a decision within 90 days of receipt by USCIS of a properly filed EAD application or within 30 days of a properly filed initial EAD application based on an Asylum application filed on or after January 4, 1995, you may request interim work authorization by calling the USCIS National Customer Service Center at 1-800-375-5283 or by appearing in person at your local USCIS Field Office by making an InfoPass appointment. For TDD (hearing impaired) call: 1-800-767-1833. For further processing at a USCIS Field Office, you must bring proof of identity and any notices that you have received from USCIS in connection with your application for Employment Authorization. The Interim EAD provisions apply to individuals filing form I-765 based on Consideration of Deferred Action for Childhood Arrivals only after a determination on deferred action is reached." (Link to source: https://www.uscis.gov/sites/default/...i-765instr.pdf).

Thanks for the information. My lawyer also said that I can apply for a work permit separately. So, I don't have to send it in with my AOS application.

Don't listen to that lawyer, send it in with your forms now. At least let it start processing. It will be a completely new application under a new category c(9) (not a renewal like the DACA EAD which falls under c(33)). You can have both going at the same time, I don't see why one would affect the other.

You can apply for an EAD while your I-485 is pending but there's no reason to not file it together with I-485. Nothing stops you from having two EADs for two different reasons.

I agree. With all the delays happening at USCIS, best thing would be to send it with the AOS application.

Thanks

Thanks for the suggestions. I'll talk again with my lawyer.