Q: I currently have an EAD card through a pending i485 and i130 that expires in September. I’m switching to filing an i360
What category should I be filing my work permit under? Should it be a renewal (c9)?
A:
Based on the information you provided, it seems you are currently holding an Employment Authorization Document (EAD) based on a pending I-485 (Adjustment of Status) and I-130 (Petition for Alien Relative). However, you are now planning to switch to filing an I-360 (Petition for Amerasian, Widow(er), or Special Immigrant).
In this case, you should not file your work permit under the renewal category (c)(9), as that category is specifically for renewals based on a pending I-485 application. Since you are switching to an I-360 petition, you will need to file a new EAD application under the appropriate category for your I-360 petition.
The correct EAD category will depend on the specific basis of your I-360 petition. Some common categories for I-360 based EADs include:
1. (c)(31) - Spouse of a U.S. Citizen who is a beneficiary of a pending or approved I-360 as a battered or abused spouse.
2. (c)(14) - Deferred Action Status based on an approved I-360 for Special Immigrant Juvenile.
3. (a)(9) - Spouse of a deceased U.S. Citizen who is a beneficiary of an approved I-360 as a Widow(er).
You should consult with the instructions for Form I-765 (Application for Employment Authorization) and determine the appropriate category based on your specific I-360 petition. If you are unsure, it is recommended to seek guidance from an experienced immigration attorney to ensure you file under the correct category.
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