EAD Misconceptions

Return to main Adjustment of Status page

There may be more significant misconceptions concerning for I-765 (application for an EAD) than any other application or petition. Here is a FAQ that attempts to deal with some of the most common misunderstandings:

Q: I am changing employers; I need to get a new EAD, right?
A: Wrong. An EAD has nothing to do with your specific job or employer. It is something that is granted as a result of you having an application for adjustment of status on file.

Q: I have to get my employer to renew my EAD, correct?
A: Incorrect. Your company has nothing to do with your EAD. It is entirely personal to you. You do not need your company’s permission or assistance to apply for or extend an EAD.

Q: The CIS won’t extend my EAD when they see that I’ve changed companies, will they?
A: Wrong. The CIS doesn’t ask about your employer when you file for an initial EAD or an extension. Your employment has nothing to do with your eligibility for an EAD or EAD extension.

Q: I’m not presently working in the same job or even occupation as the one I held when I first got my EAD; I’m not eligible to extend, am I?
A: Wrong, you are eligible to extend. You are entitled to an EAD as long as you have a valid adjustment of status on file. The CIS does not look into the type of job you are holding when you apply for an EAD or an extension. All they do is look to see that you have a still-valid AOS on file. Of course, to continue eligibility for adjustment of status, you need to have at least a good faith offer of employment in the same or similar occupational classification, but you don’t have to work in that job until you get your green card.