Read carefully - new BCIS policy for EAD renewal

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GC012002

Registered Users (C)
From www.immigration-law.com

Delay of EAD Processing and BCIS Policy

People who have applied for EAD renewal must have noticed that they typically received a RFE asking to submit the government issued photo IDs. This plus other factors have caused a substantial delay in processing of EADs lately.

According to the AILA, it will be the BCIS policy not to back date the EAD validity date when they issue a renewal EAD card. This policy presents a serious problem for a large number of aliens who are working on EAD, such as the family-based I-485 filers, and the employment-based EB-485 filers who are not working on employment-visa status such as H, L, E, O, TN, etc. Legally, should the Service Center fail to issue a new card within 90 days from the date of EAD application filing, people are allowed to go the local field offices for issuance of Interim EAD cards. However, the reality does not always work like that. Some district offices take time to process such interim EAD cards.

Since the gap between the old and new cards creates a period of lack of employment authorization, any employment during this period can be considered an unauthorized employment. Such violation of immigration laws pending I-485 can make such alien ineligible for adjustment of status to a lawful permanent resident.

It is thus imperative that people start filing EAD renewal a way in advance, something like four (4) months, so that they do not face such risk in the green card track.
 
EAD

My lawyer argues that if a person is in continuous employment then there is no need to renew the EAD even.

My question is : Does that mean that people who have not renewed their EAD and are still working with the same employer are out of status if their EAD expires?

Any thoughts?
 
wow... how phucking nice!!!

no EAD, no work
no work, no 485

i really wanna pull out a gun and shoot these sons of bitches
 
Tasse,No he did not mention the law

But it's strange. The INS rejects the EAD renewal applications if applied way in advance (say 4 months in advance) and if a person applies 3 months in advance then they take 4-5 months to issue a receipt sometimes they never mail it.
 
Totos,

I dont believe that INS rejects EAD renewal application if it is applied 4 months in advance, coz my EAD expires on 5/19, I applied for renewal in Jan (RD 01/02/2003) and it has not yet been rejected :)

Keeping my fingers crossed
 
Originally posted by the_card
wow... how phucking nice!!!

no EAD, no work
no work, no 485

i really wanna pull out a gun and shoot these sons of bitches
Click to expand...

Employment based green card processing is nothing more
than bonded labour. Think about it. If INS starts deciding
on the green card application in months/weeks, employers
would not be able to make efficient use of immigrants.

Interesting thing is that you will notice supposedly "free"
US media making so much noise about bonded/child labor
in foreign countries but when it comes to this INS/Greencard
processing they could not care less. It is very easy to figure
why.
 
I really don't know how the ability to apply 6 months in advance is going to help with regards to the EAD! It has been over 6 months since I applied for mine and I have still to hear anything about it from the INS/BCIS as to when I will actually get the EAD!

I think this whole thing can be summerized in two words imortalized by Mr. Scrooge, "Bah, HUMBUG"!

I also tend to agree with Totos's view, since it is something my lawyer has also mentioned to me. (Hopefully Totos and I have different lawyers! :) Otherwise that is not really a good case for cross checking! :)) If you haven't changed jobs then you basically okay!

*sigh* when will they put us out of our misery!
 
Originally posted by the_card
did INS ever mention any law?
Click to expand...

Yes. Totos and 140_takes_4ever, could you ask your lawyers about this document

Sec. 274a.2 Verification of employment eligibility

(vii) If an individual's employment authorization expires, the employer, recruiter or referrer for a fee must reverify on the Form I-9 to reflect that the individual is still authorized to work in the United States; otherwise the individual may no longer be employed, recruited, or referred. Reverification on the Form I-9 must occur not later than the date work authorization expires. In order to reverify on the Form I-9, the employee or referred individual must present a document that either shows continuing employment eligibility or is a new grant of work authorization. The employer or the recruiter or referrer for a fee must review this document, and if it appears to be genuine and to relate to the individual, reverify by noting the document's identification number and expiration date on the Form I-9.
 
Tasse,

I will ask but my lawyer is kinda freaky, sometimes she will refuse to answer my simplest questions, and at others call me and discuss situation at length. :(
 
renewed - six months to go

I have current EAD till Sept 10th, 2003. Convinced my lawyer to apply for renewal, and finally and reluctantantly the papers were filed last week for EAD renewal.

Sri
 
so regarding this 6 month before expiration thing....shd this be the case also...when one has applied for EAD, took iEAD and EAD is not yet approved....in that case..shd one apply for renewal 5-6 months before the iEAD expiration date..assuming the EAD is not approved in that time ?
 
my 2c worth...

Regarding continuing the job without EAD extension:

EAD gives work authorization to the applicant for the period of 1 year. No it doesn't mean that if you find a job in that 1 year you can continue that job for ever without getting any further extension or GC (as far as I know every kind of work permit has an expiry date on it until one becomes a citizen)!

Here are some of the reasons for above conclusion:
1. While discussing about H1 vs EAD I was advised to stay on H1 as long as possible because if H1 is expiring and if we file extension before the expiry date I can continue my job. Where as in case of EAD I must have always have a valid EAD to work (just filing extension is not sufficient and one MUST file an extension)! Yah, one can get iEAD after 90 days of filing but there is a tricky problem with that! If some one files EAD extension well in advance and goes for iEAD then they may not get iEAD if it is too early (say 30 days or 45 days)! The local INS may say wait for some more time before you get your iEAD (it did happen to few people on this board). And then if they get an RFE they are in deep trouble because when there is an RFE they won't give iEAD until responded! You know some times you respond to RFE but it may take couple of weeks for CSC to update that info. In the mean time you are royally screwed.

2. Based on this thread's subject/message and info from other sources (from Sheela Murthy) earlier it is believed that -to address problems in EAD extensions initially it is percived that service centers are going to give back dated extensions. Now they are not doing that so the risk mentioned in point #1 is still there. The discussion of this problem itself says that one must file an extension for EAD and I didn't see any info on the net saying that one can continue on expired EAD without an extension!

3. In some cases applicant may get iEAD for very shorter period and that may expire even before the actual EAD gets approved! In those situations I heard on this board that they must go back to local INS and get another iEAD.

- PCee
 
i'm more concerned about the penalty of working with expired EAD. i believe there are a lot of people, including me, working for a short period without EAD, say, they submit renewal application too late, like what i did. the consequences can be what? AOS withdrawal? any comment?
 
Originally posted by the_card
i'm more concerned about the penalty of working with expired EAD. i believe there are a lot of people, including me, working for a short period without EAD, say, they submit renewal application too late, like what i did. the consequences can be what? AOS withdrawal? any comment?
Click to expand...


If a renewal is filed before expiration of the previous one, that should be enough isn't it ? People would expect (normally) their AOS to be decided within the valid period of the initial EAD. Also, why should there be any penalty on AOS if any ? GC is meant for future employment any way.

This is how I rationalise, cannot tell how those jerks (in lack of a better term) in BCIS would think.

Well .. if things are coming to this then people have to apply for initial and renewal together and the 2nd renewal a week later ...

Bond girl .. Ash .. Friday .. had kept me in good spirit ... but this one suddenly got me into tension ... :confused:
 
well, in my understanding you have to keep an employment in the category you applied during AOS pending. if you fail to keep the employment, then your AOS is revoked. now look, they don't let you keep the employment by not approving your EAD. what the hell is the logic in here? they just wanna kick us out no matter what? or am i wrong? some real expert please give a hint.
 
That is exactly my point also and I agree with "the_card" . I am exactly in the same boat, and those Aholes have created a catch 22 situation. :(
 
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