Question on EAD approved in 40 days...

C

CalvinX

Registered Users (C)
Here is my case:

EB-2
I-140 ND 9/22/03, Approved 5/27/04
I-140 ND 9/22/03, LUD 7/27/04

First EAD and AP approved 11/25/03, same ND of 9/22/03

My lawyer suggested I apply early for 2nd EAD and AP because of delays at Vermont and we applied in June 04, ND: 6/18/04. From reading one of the threads I was under the impression that the new EAD would be valid from the date of expiration of the old EAD (that is, from 11/25/04) but that is not the case! I got my approval in the mail yesterday and it is valid from 7/27/04 until 7/27/05!!! I effectively lost 4 months due to the fast EAD approval. Was this an error I can complain about to INS?
 
I'm also in the same boat.

My current EAD is valid till the end of Nov'04. But the third EAD I received has the validity from 7/29/04 (day of approval).

Anybody else has similar experience ?
 
I too expected that the EAD's are renewed back to back but my 3rd EAD validity started on the day it was approved. I guess now they are renewing EAD's back to back. Has anyone got their EAD's renewed back to back recently?
 
This is totally unusual. This has not been the case in the past. It could be some newbie at BCIS- I doubt very much that the process has chnaged.
Call Customer Service- see what they say.
 
My story is a little bit different.
Applied 2nd EAD and was delayed. So went ahead and go interim EAD.
Once i got the interim i got the EAD approved also.

Now i have interim from 07/15/04 - 03/31/05
Approved EAD - 04/01/05 - 07/14/05 (Just for about three months, they are making sure that they wont give more than 1 year)
 
EAD's I don't think are renewed back to back. Atleast, not the couple that I got, also my friends.
 
My 2nd EAD was expiring 07/17/04. Applied for 3rd EAD 02/25.
Got i-EAD on 07/15 valid upto 03/14/05.

VSC finally dusted my application and approved 3rd EAD last Thursday, received card yesteray that reads valid from 07/29/04 - 07/28/05. I gained 10 days due to their late approval :)
 
You should have quoted the following memo/Q&A from USCIS HQ on your application to give you End-to-End dates on your EAD .. It Could have helped you..


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
 
Courtesy of "www.immigration-law.com"

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.


Note: My third EAd was not back-dated. My wife's was. It depends on the adjudicator.
It looks like someone has to remind them and ask for it! Thre is no uniform USCIS policy!

As to the length: Soon it will be UP to five years. The asylees will get it for five years!!!

The AP has been like this from the beginning: Not back-dated.
 
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When I called the NCSC

I was told to write to Vermont Service center. Is it a good idea to take this issue up to the Ombudsman office ?
 
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