Orlando, FL asked in Immigration Law for Florida

Q: Am I elegible for an extension of my EAD?

I have a current EAD under asylum pending category, I applied to renew it under TPS category, I wanna know if I’m elegible for an extension or if I have to reapply again but under the asylum category

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2 Lawyer Answers
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Based on the information you provided, it seems that you currently have an Employment Authorization Document (EAD) based on a pending asylum application. You also mentioned that you applied to renew your EAD under the Temporary Protected Status (TPS) category. To determine your eligibility for an extension, consider the following:

1. Asylum-based EAD: If your asylum application is still pending and your current EAD is valid, you may be eligible to renew your EAD under the asylum category (C08). You can file Form I-765 to renew your EAD, typically 180 days before your current EAD expires.

2. TPS-based EAD: If you are a beneficiary of TPS and your country of origin is currently designated for TPS, you may be eligible for an EAD under the TPS category (A12). However, you must meet the specific requirements for TPS and file the appropriate forms (I-821 and I-765) within the designated registration period.

It is important to note that having a pending asylum application does not automatically make you eligible for TPS. Eligibility for TPS is determined by your country of origin and the specific designation period.


If your primary basis for the EAD is your pending asylum application, and you are not eligible for TPS, it would be advisable to renew your EAD under the asylum category (C08) to maintain your work authorization.

For a more accurate assessment of your situation, it is best to consult with an immigration attorney or accredited representative who can review your case and provide personalized guidance based on your specific circumstances.

Nicholas Pasquarello
Nicholas Pasquarello
  • Immigration Law Lawyer
  • Columbus, OH

A: If you have a pending asylum application and your work permit under that category (C8) has not expired, you should apply to renew THAT work permit as soon as possible. I'm guessing your first work permit was valid for two years, but they changed that and now C8 work permits are valid for five (5) years. Having TPS is great and all, but it's not a requirement to have a work permit under that category as well. And these work permits for TPS, category A12, are only valid through the time of the TPS designation period, which is definitely much less than the five years you get by renewing your C8 work permit.

Additionally, it's important to know that once you apply to renew your C8 work permit, it will most likely take a long time to process and you will not receive your new work permit before your current one expires. As long as you have submitted your renewal application and have received a receipt notice from USCIS confirming your renewal is filed and pending BEFORE your current C8 work permit expires, you have what's called an Automatic Extension on your work authorization. This means you continue to have legal permission to work for up to 540 days (1 1/2 years) while your renewal application is pending. Here is the USCIS website with information about this: https://www.uscis.gov/eadautoextend

If you need to demonstrate proof of your work authorization to an employer or to the DMV to get an updated license, you just need to show your current work permit and the receipt notice for your renewal application showing that it is still pending.

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