By Bindhu Vijayan
New York Immigration Attorney, The Law Offices of Spar & Bernstein
Question: My EAD is going to expire in a few months. What is the procedure for renewing it? Should the application be filed at the local INS or through the Service Center?
Vijayan: How were you eligible to file for your EAD and/or what application did you simultaneously file with your EAD application? For example, if it’s an application to adjust status, is it still pending with the Immigration Service? If so, you must file the application with USCIS-designated Service Center. The location differs depending on what manner you initially obtained your EAD. The filing fee is $340.00 and you must provide evidence that the application to adjust status is still pending (if applicable).
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Question: My friend’s case is progressing more quickly than mine. Why?
Vijayan: It all depends on the nature of the case and the processing times at the various service/district centers. Remember, no two cases are exactly the same.
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Question: Does my spouse automatically have H-4 status if I am granted H-1B status?
Vijayan: Technically, yes, but your spouse must file an application to change status or apply directly at the embassy.
