Does anyone know the reason why USCIS issues EAD/AP for EB AOS applicants in 1 year increments? Anyone know the history behind that?
When AOS applicants apply for renewal of EAD/AP each year, what does USCIS do that is different from what it has already done when it issued the first EAD/AP?
Why does USCIS use their resources in renewing EAD/APs?
(If they issue the first EAD that is good till a decision is made on the AOS application, the amount of resources freed up from renewals will improve the AOS decision making time still further.
They could provide an automated interface where AOS applicants/prospective employers can verify the pending status of their AOS as additional documentary evidence to the EAD card for employment purposes. Or someway of getting proof that the AOS was not yet approved/denied; and employer/employee has not withdrawn the I140/AOS application.
Am I dreaming???
The F1 visa works on a similar concept. Even though the consulates issue a visa that is good for 2 or 5 years, at port of entry, they put EOS on the I-94 which means the student can stay in US until they complete their intended program of study.
)
I looked at the recommendations of the ombudsman. And one of them was to issue EAD that is valid for more than one year.
The director of USCIS responded back to that recomendation saying there are already some applicant categories to whom multi-year EADs are issued. But he also said issuing multi-year EADs to everyone is not prudent at this time as USCIS has made good progress towards reducing the time taken for I485 application adjudication.
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf
If 1 year EAD rule was put in place loooong time ago when the time taken to process I485 was usually less than 1 year, it does not make sense to cling to that now. It just does not make sense.
So... does anyone know the history behind why the 1 year limit was put on the EAD/AP ?
When AOS applicants apply for renewal of EAD/AP each year, what does USCIS do that is different from what it has already done when it issued the first EAD/AP?
Why does USCIS use their resources in renewing EAD/APs?
(If they issue the first EAD that is good till a decision is made on the AOS application, the amount of resources freed up from renewals will improve the AOS decision making time still further.
They could provide an automated interface where AOS applicants/prospective employers can verify the pending status of their AOS as additional documentary evidence to the EAD card for employment purposes. Or someway of getting proof that the AOS was not yet approved/denied; and employer/employee has not withdrawn the I140/AOS application.
Am I dreaming???
The F1 visa works on a similar concept. Even though the consulates issue a visa that is good for 2 or 5 years, at port of entry, they put EOS on the I-94 which means the student can stay in US until they complete their intended program of study.
)
I looked at the recommendations of the ombudsman. And one of them was to issue EAD that is valid for more than one year.
The director of USCIS responded back to that recomendation saying there are already some applicant categories to whom multi-year EADs are issued. But he also said issuing multi-year EADs to everyone is not prudent at this time as USCIS has made good progress towards reducing the time taken for I485 application adjudication.
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf
If 1 year EAD rule was put in place loooong time ago when the time taken to process I485 was usually less than 1 year, it does not make sense to cling to that now. It just does not make sense.
So... does anyone know the history behind why the 1 year limit was put on the EAD/AP ?
