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IMPORTANT ANNOUNCEMENT: Litwin & Smith provides nationwide H-1B Cap Petition preparation for H1B Cap registrations selected in the H1B Cap lottery. The 90-day filing window for Employers to submit their H1B Cap Petitions end June 30. Don’t delay. File Your Petitions Now. The experienced, trusted law firm of Litwin & Smith will assist you through every step of the petition filing process. Contact Litwin & Smith to receive H-1B Petition assistance.

USCIS Is Reissuing Receipt Notices to EAD Renewal Applicants

On January 17, 2017, USCIS began automatically extending expiring EADs for up to 180 days for renewal applicants in these categories. However, some of the receipt notices that USCIS sent out before that date did not contain the applicant's EAD eligibility category. Therefore, the reissued receipt notices will contain:

  • The applicant's EAD eligibility category;
  • The receipt date, which is the date USCIS received the EAD renewal application and which employers must use to determine whether the automatic EAD extension applies;
  • The notice date, which is the date USCIS reissued the receipt notice; and
  • New information about the 180-day EAD extension.

Applicants may present the reissued receipt notice with their expired EAD to their employer as a List A document for the Form I-9, Employment Eligibility Verification, to show that they are authorized for employment.

Reissued receipt notices (Form I-797) include individuals who applied to renew their Employment Authorization Document (EAD) between July 21, 2016 and January 16, 2017, and whose applications remained pending on January 17, 2017, are in the following categories:

  • (a)(3) Refugee
  • (a)(5) Asylee
  • (a)(7) N-8 or N-9
  • (a)(8) Citizen of Micronesia, Marshall Islands, or Palau
  • (a)(10) Withholding of deportation or removal granted
  • (c)(8) Asylum application pending
  • (c)(9) Pending adjustment of status under section 245 of the Immigration and Nationality Act
  • (c)(10) Suspension of deportation applicants (filed before April 1, 1997), cancellation of removal applicants, and special rule cancellation of removal applicants under NACARA
  • (c)(16) Creation of record (Adjustment based on continuous residence since January 1, 1972)
  • (c)(20) Section 210 Legalization (pending Form I-700)
  • (c)(22) Section 245A Legalization (pending Form I-687)
  • (c)(24) LIFE Legalization
  • (c)(31) VAWA self-petitioners

Applicants with an EAD based on Temporary Protected Status (TPS) who filed their EAD renewal applications before January 17, 2017, already received a 6-month extension through the Federal Register notice that extended their country's TPS designation. Therefore, these applicants will not receive a reissued receipt notice. Please visit the Temporary Protected Status page for current information on each TPS designation. All renewal applicants who file Form I-765 applications on or after January 17, 2017, including TPS renewal applicants, will be receiving Form I-797 receipt notices that contain eligibility category information and information about the 180-day EAD extension.

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