Q: Withholding of Deportation EAD category change filing details
I have been granted Withholding of Deportation or Removal under category (a)(10) and currently hold an Employment Authorization Document (EAD) under category C08. Should I file the I-765 form as '1.a. Initial' or '1.c. Renewal' due to a change in category? Additionally, how many days prior to my current EAD expiration can I apply for the renewal under category A10? I already have my supporting documents prepared.
A:
When changing from EAD category C08 to category A10 based on a grant of Withholding of Deportation or Removal, you should mark "1.a. Initial" on Form I-765, as this represents a new basis of eligibility rather than a continuation of your previous category. The change in eligibility category requires treating this as a new application despite your previous EAD history, which aligns with USCIS processing protocols for category modifications.
For individuals with Withholding of Deportation or Removal status applying under category A10, you may submit your renewal application up to 180 days (six months) before your current EAD expires. This timeframe provides adequate processing margin to help avoid gaps in employment authorization while maintaining continuous work authorization. The early filing window represents a standard USCIS accommodation for most EAD categories including A10.
It appears you have already gathered your supporting documentation, which should include evidence of your Withholding of Deportation or Removal grant, a copy of your current EAD, and proper identification. When submitting your application package, we recommend including a cover letter explicitly noting the category change from C08 to A10 to ensure clarity for the reviewing officer. Additionally, consider requesting expedited processing if your current authorization will expire within 90 days, as category changes sometimes face additional scrutiny during adjudication.
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