I-765 (EAD) with Two Year Validity??

navik_pathak said:
Hi all,

Today i got my EAD and Surprisingly it was with Two year validity.
Is this normal?
Click to expand...
Matthew Oh Attorney Reporting

07/19/2008: Definition of "Concurrent Filing" of I-140 and EB-485 for the Purpose of 2-Year EAD

As we reported yesterday, it appears that the USCIS will issue one-year EAD card for the concurrently filed I-485 applications where the concurrently filed I-140 petition is still pending even if the visa number is retrogressed. The term "concurrent filing" includes two groups: One is those whose stand-alone I-140 petition was filed and pending and who filed or is about to file in August I-485 applications based on the pending I-140 petitions. Under the rule, this is also considered "concurrent filing." The second group is those who filed or will file I-140 petition and I-485 application "together" in one packet when the visa number became or will become available.

There is an unanswered question as to how and when the USCIS will determine the requirement of "approved I-140 petition." However, considering the fact that the USCIS will keep it as a matter of discretion to consider the visa number situation at the time of filing and at the time of adjudication of EAD appliction, they may adopt a similar policy. Accordingly, those who will file EAD application at the time whenI-140 petition is still pending may still receive a two-year EAD if the I-140 petition is approved afterwards pending EAD application and USCIS exercise its discretion to issue a two-year EAD in such situation. People should remember that it is the USCIS that will determine whether one-year or two-year EAD will be issued at its own discretion even though the EAD extension applicants are required to submit the proof of visa number unavailability or retrogression and the approved I-140 petition in order for the agency to consider issuance of a two-year EAD.
Such policy of discretion will cut both ways. The winners will be those whose visa number will be retrogressed and I-140 petition will be approved at the time EAD application is adjudicated. Losers will be those whose visa number will become current for his/her priority date and/or I-140 petition will remain pending at the time of adjudication of EAD application. However, from the perspectives of the EAD applicants, it may be prudent to submit the evidence of their priority date (labor certification approval notice) and copy of pending I-140 petition proactively as part of the supporting documentation for EAD applications so that the adjudicator can consider such evidence at the time of adjudication of EAD application for the purpose of issuance of a two-year EAD card.
 
ginnu said:
Matthew Oh Attorney Reporting

07/19/2008: Definition of "Concurrent Filing" of I-140 and EB-485 for the Purpose of 2-Year EAD

As we reported yesterday, it appears that the USCIS will issue one-year EAD card for the concurrently filed I-485 applications where the concurrently filed I-140 petition is still pending even if the visa number is retrogressed. The term "concurrent filing" includes two groups: One is those whose stand-alone I-140 petition was filed and pending and who filed or is about to file in August I-485 applications based on the pending I-140 petitions. Under the rule, this is also considered "concurrent filing." The second group is those who filed or will file I-140 petition and I-485 application "together" in one packet when the visa number became or will become available.

There is an unanswered question as to how and when the USCIS will determine the requirement of "approved I-140 petition." However, considering the fact that the USCIS will keep it as a matter of discretion to consider the visa number situation at the time of filing and at the time of adjudication of EAD appliction, they may adopt a similar policy. Accordingly, those who will file EAD application at the time whenI-140 petition is still pending may still receive a two-year EAD if the I-140 petition is approved afterwards pending EAD application and USCIS exercise its discretion to issue a two-year EAD in such situation. People should remember that it is the USCIS that will determine whether one-year or two-year EAD will be issued at its own discretion even though the EAD extension applicants are required to submit the proof of visa number unavailability or retrogression and the approved I-140 petition in order for the agency to consider issuance of a two-year EAD.
Such policy of discretion will cut both ways. The winners will be those whose visa number will be retrogressed and I-140 petition will be approved at the time EAD application is adjudicated. Losers will be those whose visa number will become current for his/her priority date and/or I-140 petition will remain pending at the time of adjudication of EAD application. However, from the perspectives of the EAD applicants, it may be prudent to submit the evidence of their priority date (labor certification approval notice) and copy of pending I-140 petition proactively as part of the supporting documentation for EAD applications so that the adjudicator can consider such evidence at the time of adjudication of EAD application for the purpose of issuance of a two-year EAD card.
Click to expand...


Thanks Ginnu...

Looks about right...

At the time i filed I-485 due to Jul Fiasco my I-140 was pening but after filing for I-485 my I-140 got approved in a week or so..
 
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