USCIS
recently announced that an EAD (Employment Authorization
Document) renewal cannot be filed more than 120 days
before the expiration of the old EAD. Previously, it
allowed renewal applications to be filed up to six months
before expiration. Since processing of the EAD
normally takes three months or so, this new limitation could
create problems for those who rely on the EAD for continuing
employment authorization. If there is a delay in the
EAD processing, applicants run the risk of having their old
EADs expire before their new ones are issued. This new
limitation makes it more compelling for those who are
eligible to remain in H-1B status while their applications
for adjustment of status (I-485) are pending.
