News for EAD local offices

G

ginnu

Registered Users (C)
Posted by Matthew Oh, Attorney


06/23/2006: Termination of Issuance of EAD Cards at the Local District Offices by October 1, 2006

USCIS is planning to terminate the local district offices' processing and issuance of EAD cards, including Interim EAD cards for the two reasons: The EAD production machines at the local district offices are very very old and do not meet the system requirement for production of sensitive ID documents. The other reason is that the USCIS may reduce the processing times of EAD cards and other documents such that no issuance of the Interim cards may be necessary. Besides, the USCIS still intends to issue EAD cards valid for a period longer than one year for "certain" types of cases that suffer from delays or retrogressions. Currently the termination of local district offices' card production is scheduled at October 1, 2006.

06/23/2006: I-140 and EAD Premium Processing Schedules

Even though the USCIS published the expanded Premium Processing Services for various other types of applications/petitions, including I-140 and I-765 (EAD), the agency intends to launch the services step by step. The next first types of cases which the USCIS will start processing Premium Process in the near future, probably in the next few weeks are known to be I-140 petitions and I-765 (EAD). USCIS today reported at the conference that the Premium Processing for these two types of proceeding, particularly I-140 will be launched first and the announcement will be posted in the USCIS web site in the next few weeks.
 
EAD Renewal

I would appreciate if you throw the suggestions for my case....

1. My AOS is pending, but missed the 90 days for to renew my third EAD (have just 77 days for expiry, I will be filing in two days)

Whats are the issues: Can I do the iNterim EAD a week before the expiry if the EAD is still not approved (dont know if they allow to get the interim EAD since I have applied below the 90 days mark)

2. My company filed my H1 extension in parallel 8th year (My Attorney is filing based on the 140 approval and they said the extension can be done for 3 more years), I hope to get the receipt in 2 weeks..

I always had this tricky question that as I have used AP to enter the US, my H1 option is no longer valid ???. However, my Attorney says its not the case, one can have the H1. If this is true, I think, I dont have isssues if I get the EAD even after my current EAD is expired ??

With this situation, Can the experts give some suggestions ?. And Am I guided properly ?. Are there any risks. Appreciate all your inputs in this regard !.

Thanks
Subbu
 
subbu03 said:
I would appreciate if you throw the suggestions for my case....

1. My AOS is pending, but missed the 90 days for to renew my third EAD (have just 77 days for expiry, I will be filing in two days)

Whats are the issues: Can I do the iNterim EAD a week before the expiry if the EAD is still not approved (dont know if they allow to get the interim EAD since I have applied below the 90 days mark)
------------ for iEAD from local office EAD filing should be pending more than 90 days
2. My company filed my H1 extension in parallel 8th year (My Attorney is filing based on the 140 approval and they said the extension can be done for 3 more years), I hope to get the receipt in 2 weeks..
------------ if your I-140 is approved you will get 3 year H1 extension.

I always had this tricky question that as I have used AP to enter the US, my H1 option is no longer valid ???.
----------- if AP used one can be on H1 status and can file for H1 extension if working for the same employer who filed latest H1

However, my Attorney says its not the case, one can have the H1.
------------- your Attorney it correct

READ:
H1, AP
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

If this is true, I think, I dont have isssues if I get the EAD even after my current EAD is expired ??
With this situation, Can the experts give some suggestions ?. And Am I guided properly ?. Are there any risks. Appreciate all your inputs in this regard !.

Thanks
Subbu
Click to expand...
 
Thanks Ginnu. So if I understand this correctly,

If I receive the H1 Receipt Notice without any hurdle (not necessarily the H1 approval yet - i mean, does not matter when my H1 is approved, considering if any RFE delays and such), my status is maintained through H1 , in the situation if my EAD renewal is not approved before the expiry of my current EAD.

Thanks
Subbu
 
subbu03 said:
Thanks Ginnu. So if I understand this correctly,

If I receive the H1 Receipt Notice without any hurdle (not necessarily the H1 approval yet - i mean, does not matter when my H1 is approved, considering if any RFE delays and such), my status is maintained through H1
-------yes

, in the situation if my EAD renewal is not approved before the expiry of my current EAD.
---------------- even if EAD gets approved early try to be on H1 status that is good back up plan if anything goes wrong with I-485
Thanks
Subbu
Click to expand...
 
Thanks Ginnu for quick reply, sorry to ask you again for this query...

When you say try to be on H1 status, how practically it works ?. Can you explain ?. I can think the following...

1. Update the I-9 to the employer with the H1 information
2. When I re-enter use the H1 visa (I should get the stamping while I visit India) instead of AP

Please clarify...

Also my wife plans to work using the EAD, but I maintain the H1 status while my wife uses the EAD, thats not an issue right ?.

Thanks again for your patience and clarificaiton..

- Subbu
 
subbu03 said:
Thanks Ginnu for quick reply, sorry to ask you again for this query...

When you say try to be on H1 status, how practically it works ?. Can you explain ?. I can think the following...

1. Update the I-9 to the employer with the H1 information
---------- that is employer HR job, they have filed H1 extension
2. When I re-enter use the H1 visa (I should get the stamping while I visit India) instead of AP
-------------- you can get the H1 visa stamp or enter with AP. use of AP will not invalidate your H1 status(if you dont use EAD)
Please clarify...

Also my wife plans to work using the EAD,

but I maintain the H1 status while my wife uses the EAD, thats not an issue right ?.
---------not a problem, she will NOT be on H4 status if she uses EAD.

Thanks again for your patience and clarificaiton..

- Subbu
Click to expand...
 
No interim EAD from Oct 1st 2006 ? That's bad. I guess one has to file EAD much ahead of time (5 months) for EAD renewal because USCIS processing time varies from time to time.
 
Thanks Ginnu...How do we say if we have used EAD or not...Should we inform USCIS about that ?. I am not clear on this part ?. Is it the responsblity of the employer to inform the USCIS that this guy has started using EAD or should the person inform USCIS or not required to inform ??.

Thanks
Subbu
 
subbu03 said:
Is it the responsblity of the employer to inform the USCIS that this guy has started using EAD or should the person inform USCIS or not required to inform ??.
Click to expand...

No one needs to notify USCIS. The I-9 needs to be updated in case of an audit, but that's it.
 
You must log in or register to reply here.
Top