Ead
They now have the right and authority to issue EAD for less than a year and up to five years.
For back-dated, it looks like one has to ASK FOR IT, since it is available.
02/13/2004: Post Dating of EAD Renewal Available Per USCIS HQ Permission
According to the Nebraska Service Center, the Service Centers were given a green light by the USCIS HQ in September 2003 to issue the "post-date" EAD so that people can obtain a full 12-month renewed card. Since the EAD holders are permitted to file EAD renewal up to 6 months in advance of the expiration of the current EAD, inasmuch as it is within this time frame, people may be able to apply for EAD extension early on so that they do not face a crisis of EAD renewal application being still pending at the time of the expiration of the current EAD. Accordingly, people may be able to request the EAD renewal period from the date of expiration of the current EAD until one year from the starting date. In the renewal application, people may remind the Service Center of November 5, 2003 NSC Q&A so that they can check with the USCIS HQ internal permission back in September 2003. We commend the USCIS for the right move. It will help somewhat workload of EAD processing. EAD processing takes a large share of the USCIS immigration benefit workloads. Last year, this web site recommended the legacy INS to adopt this procedure.
07/30/2004: USCIS Published Rule Removing Limitation for Period for EAD
The USCIS published this desirable rule today. This removes the limitation for the USCIS to issue EAD for one-year validity period. Consequently, the USCIS is allowed to issue EAD for period longer or shorter than the one-year EAD which the immigration community is familiar with. The USCIS determine the validity period of EAD each time a new EAD is applied, or a renewal EAD is applied, or a replacement EAD is applied on the basis of the following standards:
Immigration status of the applicant
General processing time for underlying application or petition
Required background checks and response times for background checks by other agencies
Other security considerations or factors.
Where a political asylum is granted by the immigration court, USCIS will issue the EAD valid upto five (5) years. This rule is effective today. EAD Rule.
