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.
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.
