NSC EAD Issuance Practice - Valid from Approval Date
The Nebraska Service Center is currently issuing EAD or renewal valid from the "date of approval" of the application and not from the date of expiration of existing EAD except the F-1 OPT EADs. This practice reminds the EAD applicants of importance of applying for an EAD sufficiently early on in order not to experience expiration of existing EAD before the renewed EAD is approved and issued. This is particularly important considering the fact that the USCIS HQ takes a position that for the purpose of the eligibility of 245(k) benefits for the EB-485 filers, the employment during the gap is considered unauthorized employment and such period will be added to the period of six-month unauthorized employment for the purpose of 245(k) benefits for the EB-485 filers. The EB-485 waiters who are subject to the EB-3 visa number retrogression should be mindful of this advisory since they will have to keep extending their EADs for a number of times during the period of visa number unavailability and such gaps between the EADs will deprive them of the 245(k) benefits and their EB-485 can be denied for the unauthorized employment which is a bar to adjustment of status under the immigration regulation.
The NSC practice is reportedly dictated by its needs to process the EAD cards through the automated production system and it is not likely that the NSC will change this practice in the future.
Source: www.immigration-law.com
The Nebraska Service Center is currently issuing EAD or renewal valid from the "date of approval" of the application and not from the date of expiration of existing EAD except the F-1 OPT EADs. This practice reminds the EAD applicants of importance of applying for an EAD sufficiently early on in order not to experience expiration of existing EAD before the renewed EAD is approved and issued. This is particularly important considering the fact that the USCIS HQ takes a position that for the purpose of the eligibility of 245(k) benefits for the EB-485 filers, the employment during the gap is considered unauthorized employment and such period will be added to the period of six-month unauthorized employment for the purpose of 245(k) benefits for the EB-485 filers. The EB-485 waiters who are subject to the EB-3 visa number retrogression should be mindful of this advisory since they will have to keep extending their EADs for a number of times during the period of visa number unavailability and such gaps between the EADs will deprive them of the 245(k) benefits and their EB-485 can be denied for the unauthorized employment which is a bar to adjustment of status under the immigration regulation.
The NSC practice is reportedly dictated by its needs to process the EAD cards through the automated production system and it is not likely that the NSC will change this practice in the future.
Source: www.immigration-law.com