Someone would rarely ask for another EAD when he/she has one valid until 2030
Reader asks:
My H-4 extension has been approved, but I received an RFE from USCIS for my H-4 EAD application. It says I already have an EAD valid until 2030 (this is the I-485 EAD I received a few weeks ago). They are asking why I am applying for another EAD (under the C29 H-4 category). I’m confused because the notice only gives me three options to choose from:
- The EAD card was lost or damaged.
- The information on the EAD card is incorrect and needs to be corrected;
- I want to withdraw this current application because I already have a valid EAD.
So, does having an I-485 EAD mean I can no longer apply for an H-4 EAD extension? Or did USCIS make a mistake by not recognizing that these are two different types of EADs? I want to write a letter to explain that this application is for the H-4 EAD because I don’t intend to use the I-485 EAD for now, and I don’t want to choose any of the three listed options. Is it okay to respond like this?
Mr. Alan Lee, Esq. answers,
We have seen situations in which individuals have held 2 EADs, but it is rare that someone would ask for another EAD when he or she has one valid until 2030. USCIS may be concerned about security (whether someone other than you could somehow use one of the cards) or if there is any problem with your I-485 application. Your explanation is probably as good a reason as any at the present and it will be up to USCIS whether it will issue the H-4 EAD.