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vizcard
03-20-2012, 01:40 PM
Hello Gurus,
We have received our EADs recently. I have few questions regarding the usage.

Currently my wife is on H4 status.

Can she start working using her EAD ?
If so how to activate the EAD. Is there any procedure involved or does she just need to show the EAD to the employer?
Do we need to inform USCIS regarding her intention to use EAD?
Do we need to cancel her H4 once she starts using EAD?
If she switches to EAD, will that effect my status? Currently I am on H1B and want to continue on H1B until my GC is approved.

Thanks,

1. Yes
2. She needs to fill out the I-9 with her prospective employer showing the EAD as employment authorization.
3. No
4. It usually is automatically void but I'm not sure of the mechanics on that. Perhaps talking to a lawyer may help here.
5. It won't affect your status since she is the derivative. It is similar to her going on F1 or B1. It doesn't change your status.

shreyasai2004
03-20-2012, 01:58 PM
im not a guru but I'll try to answer your question.
1. Do you know what is their driver for moving you to EAD if they are keeping your H1 valid? I can't imagine there being a real valid reason one way or another.
2. By the letter of the law, I believe switching from H1 to EAD means you are "abandoning" your H status. I don't know how the mechanics work here. I suppose if the company does not inform the USCIS, then your H status still technically remains but is illegal by the letter of the law.

Its not the end of the world if you go on EAD and if you don't have other constraints (dependents on the way, etc.), its no problem. Remember to carry your EAD card when you travel overseas though. That's your only ticket in.


Thanks for the information But I don't know why employer is asking like that employer told if USCIS is asking a question about why he was not moved to EAD.

mysati
03-20-2012, 02:22 PM
Thanks for the information But I don't know why employer is asking like that employer told if USCIS is asking a question about why he was not moved to EAD.

Why would USCIS pick on your case and ask your employer about your move to EAD, specifically, unless there is an audit of some sorts? Sounds fishy... Maybe someone more knowledgeable has an answer for you.

vizcard
03-20-2012, 03:51 PM
Thanks for the information But I don't know why employer is asking like that employer told if USCIS is asking a question about why he was not moved to EAD.


Why would USCIS pick on your case and ask your employer about your move to EAD, specifically, unless there is an audit of some sorts? Sounds fishy... Maybe someone more knowledgeable has an answer for you.

There is no rule that says you HAVE to go on EAD once you get it. It's a choice people make. The USCIS or the employer cannot make you do it. It does sound fishy!

camilosesto83
10-21-2012, 08:51 AM
Guys,

I need a clarification on form i9. Is there any govt notification that suggests that the documents provided on the i9 confer a particular immigration status. I hear all the time that even if you have a valid h1b with a particular employer, if you show ead card when you fill i9 with the same employer, ur status changes to ead.If the employee entered the US on h1b with a h1b on his i94, how can just showing ead for i9 purposes change his status. I understand this during change of employer and the new employer has not sponsored a h1b petition. But if an employer has sponsored a valid approved h1b petition, how can just showing ead for i9 be construed as change of status

imdeng
10-21-2012, 02:13 PM
You are not just "showing" EAD, you are using EAD as the basis for lawful employment in the country - hence the resulting status change from H1 to EAD. When you entered the country on H1B and I-94, your status was H1-B - but when you sign on an I-9 with EAD info - then you claim an EAD status and effectively relinquish your H1B status.

Hmmm... Google tells me that I-9 is not submitted to USCIS - but just kept in file by the company for three years for any inspections. So perhaps what you enter on the I-9 does not even reach USCIS unless USCIS inspects/audits the company. So while I still think that I-9 signifies a change in status, I am not so sure that USCIS has immediate visibility on to that process.

Guys,

I need a clarification on form i9. Is there any govt notification that suggests that the documents provided on the i9 confer a particular immigration status. I hear all the time that even if you have a valid h1b with a particular employer, if you show ead card when you fill i9 with the same employer, ur status changes to ead.If the employee entered the US on h1b with a h1b on his i94, how can just showing ead for i9 purposes change his status. I understand this during change of employer and the new employer has not sponsored a h1b petition. But if an employer has sponsored a valid approved h1b petition, how can just showing ead for i9 be construed as change of status

camilosesto83
10-21-2012, 06:31 PM
You are not just "showing" EAD, you are using EAD as the basis for lawful employment in the country - hence the resulting status change from H1 to EAD. When you entered the country on H1B and I-94, your status was H1-B - but when you sign on an I-9 with EAD info - then you claim an EAD status and effectively relinquish your H1B status.

Hmmm... Google tells me that I-9 is not submitted to USCIS - but just kept in file by the company for three years for any inspections. So perhaps what you enter on the I-9 does not even reach USCIS unless USCIS inspects/audits the company. So while I still think that I-9 signifies a change in status, I am not so sure that USCIS has immediate visibility on to that process.

I don't see anywhere on the i9 form where the employee agrees that the identification provided forms the basis of his or her immigration status. The point is i9 asks you to show a proof for you to take up legal employment. That does not mean you cannot have another valid way to work here. And if what you are saying is correct, why can't someone go back to h1b by showing ur h1b status again. Of course that is not possible if h1b is lost upon use of ead, but I don't see that statement to that effect either, if you use ead with the same employer who sponsored the h1b.

IMHO you only lose h1b status if you use ead with an employer who has not sponsored the h1b.

vizcard
10-21-2012, 10:12 PM
I don't see anywhere on the i9 form where the employee agrees that the identification provided forms the basis of his or her immigration status. The point is i9 asks you to show a proof for you to take up legal employment. That does not mean you cannot have another valid way to work here. And if what you are saying is correct, why can't someone go back to h1b by showing ur h1b status again. Of course that is not possible if h1b is lost upon use of ead, but I don't see that statement to that effect either, if you use ead with the same employer who sponsored the h1b.

IMHO you only lose h1b status if you use ead with an employer who has not sponsored the h1b.

True statements. It's a one-way street - from DHS to employer and no backward loop.

sreddy
10-22-2012, 09:25 AM
Asking this question on a wrong forum, can be moved to right place after some one answers it.
Any one applied for EAD/AP renewal please share your experience. Probably answering below questions may cover, but add more if you think some one applying should know.

1. Is it same forms I-765, and I-131 to be fill for renewal as well?
2. Any sections filled in differently compared to first time we filled those?
3. No fee involved if you are applying for one year extension because you got 1 year EAD/AP card. Is that right?
4. What other documents/things to be enclosed?

pranayGH19
10-22-2012, 11:41 AM
Hi, first time on this forum. Thanks to all members for valuable inputs.

My wife is on EAD now and she is in India now and plans to apply for renewal. I am in US now. can she mail the signed I-765 and I-131 to me and then can I send her documents to USCIS for renewal?

qesehmk
10-22-2012, 02:10 PM
Pranay welcome to forum. That sounds perfectly alright to me. But u may want to wait for others response too.

Hi, first time on this forum. Thanks to all members for valuable inputs.

My wife is on EAD now and she is in India now and plans to apply for renewal. I am in US now. can she mail the signed I-765 and I-131 to me and then can I send her documents to USCIS for renewal?

vizcard
10-22-2012, 04:14 PM
Asking this question on a wrong forum, can be moved to right place after some one answers it.
Any one applied for EAD/AP renewal please share your experience. Probably answering below questions may cover, but add more if you think some one applying should know.

1. Is it same forms I-765, and I-131 to be fill for renewal as well?
2. Any sections filled in differently compared to first time we filled those?
3. No fee involved if you are applying for one year extension because you got 1 year EAD/AP card. Is that right?
4. What other documents/things to be enclosed?

1. Yes
2. Yes
3. That is right
4. I submitted 2 photos for each form (so 4 total), copy of existing EAD/ AP card, copy of current I94, bio page of passport and for some reason drivers license.

I got this from my lawyers - Fragomen.

zenmaster
10-22-2012, 09:12 PM
Hi, first time on this forum. Thanks to all members for valuable inputs.

My wife is on EAD now and she is in India now and plans to apply for renewal. I am in US now. can she mail the signed I-765 and I-131 to me and then can I send her documents to USCIS for renewal?

Pranay,
I have the same situation.
My lawyer mentioned that one cannot apply for EAD/AP card while out of US.
Reason is that I-94 copy is needed to be submitted.
Hope this helps.

pranayGH19
10-23-2012, 07:49 AM
Pranay,
I have the same situation.
My lawyer mentioned that one cannot apply for EAD/AP card while out of US.
Reason is that I-94 copy is needed to be submitted.
Hope this helps.

hi Zenmaster,

Thanks for the reply. In I-765 instructions pdf file on USCIS site, it says no need to submit I-94 if you are applying under c9 category. I-131 instructions pdf also didn't ask to submit I-94 if it is for Advance Parole. I might be wrong but just wanted to double check

vizcard
12-15-2012, 10:40 PM
Pranay,
I have the same situation.
My lawyer mentioned that one cannot apply for EAD/AP card while out of US.
Reason is that I-94 copy is needed to be submitted.
Hope this helps.


hi Zenmaster,

Thanks for the reply. In I-765 instructions pdf file on USCIS site, it says no need to submit I-94 if you are applying under c9 category. I-131 instructions pdf also didn't ask to submit I-94 if it is for Advance Parole. I might be wrong but just wanted to double check

my lawyers asked for I94 copies when they filed for my renewal. My renewal app got delayed a week coz I was overseas for work and they wanted the new I94.

I do think if you have a copy of the old one its fine.

gcq
12-16-2012, 08:05 AM
EAD can be applied even when one is outside US.
AP can be applied only when applicant is inside US. Once applied for AP renewal, he can travel to India as long as he has a valid AP (older unexpired ) to return to US.

As for I-94 info, the last I-94 available at the time of applying is good enough.

Vkkpnm
08-26-2013, 08:01 AM
Guys any idea, in how many days on average one gets an actual EAD card after getting its approval?

Vkkpnm
08-26-2013, 01:01 PM
Hello Guys, Need your opinion/advice on below mentioned questions regarding EAD

1. Can I work on 1099 on my EAD while continue working for my sponsor company on W2? I mean doing multiple jobs on EAD, on W2 for sponsored company and on 1099 for other companies?

2. Can I continue working on H1B and still work on 1099 based on EAD for any other company?

3. If I want to keep working on H1B, do I need to keep renewing my EAD since my wife will be working on her EAD?

Appreciate your response on this

Pedro Gonzales
08-26-2013, 01:43 PM
Hello Guys, Need your opinion/advice on below mentioned questions regarding EAD

1. Can I work on 1099 on my EAD while continue working for my sponsor company on W2? I mean doing multiple jobs on EAD, on W2 for sponsored company and on 1099 for other companies?

2. Can I continue working on H1B and still work on 1099 based on EAD for any other company?

3. If I want to keep working on H1B, do I need to keep renewing my EAD since my wife will be working on her EAD?

Appreciate your response on this

Don't have answers on '1' and '2', but on '3', technically you don't need to as you'll be sending in separate applications (even if its in the same packet). But since extension is free, why wouldn't you renew your EAD too? I don't see any downside to extending your EAD, and lots of upside.

Vkkpnm
08-26-2013, 01:55 PM
Thanks Pedro. I did not know that the EAD extension is free :). That makes sense.

RogerFederer
08-27-2013, 04:59 PM
EAD - multiple jobs allowed, assuming you are still working with sponsoring employer. Sponsor job offer is must

H1B . Strictly for sponsor. You cannot work any other job. It also includes using h1b and while you have ead. As soon as you invoke ead, h1 is invalid.

So pls be careful b4 taking employment and always consult immigration attorney before doing so.

qesehmk
08-27-2013, 05:19 PM
EAD - multiple jobs allowed, assuming you are still working with sponsoring employer. Sponsor job offer is must

H1B . Strictly for sponsor. You cannot work any other job. It also includes using h1b and while you have ead. As soon as you invoke ead, h1 is invalid.

So pls be careful b4 taking employment and always consult immigration attorney before doing so.
That's not quite true roger. If you start using EAD then your H1 status ceases. But H1 remains valid until its end date. Any unused duration can be claimed in future.

Secondly while on H1 with one employer you can also be employed with another one on EAD. In that case H1 is still valid and EAD is just that ... an employment authorization document.

RogerFederer
08-28-2013, 10:29 PM
That's not quite true roger. If you start using EAD then your H1 status ceases. But H1 remains valid until its end date. Any unused duration can be claimed in future.

Secondly while on H1 with one employer you can also be employed with another one on EAD. In that case H1 is still valid and EAD is just that ... an employment authorization document.

Q

I do agree on the part that unused time can be claimed for future h1b, IMHO I disagree with the rest. These are the kind of things ppl end up with rfes, interviews, noids and mtrs. I have personally seen ppl going to interview, but almost each case was successul. Again that was just my opinion and you don't have to agree :-)

Just fyi, I tend to answer so that no risk by following my post.:) also I use tablet to type . So generally I only answer the question, nothing else. And these all are just based on my knowledge and exp of more than a decade of my stay here :-) . I know people take all these info, and if they don't like it they can dump this info in garbage.

qesehmk
08-29-2013, 06:21 AM
Roger of course! Neither I am a lawyer and this is just based on my experience and understanding. Same is true with everybody else on the forum.

It's good to have different views. The person asking question gets education 5% more than before asking the question is the real win!!

In this particular I am reasonably confident about what I said. The complications here come from EAD which is neither a visa nor a status by itself. It is simply an authorization document.

Q

I do agree on the part that unused time can be claimed for future h1b, IMHO I disagree with the rest. These are the kind of things ppl end up with rfes, interviews, noids and mtrs. I have personally seen ppl going to interview, but almost each case was successul. Again that was just my opinion and you don't have to agree :-)

Just fyi, I tend to answer so that no risk by following my post.:) also I use tablet to type . So generally I only answer the question, nothing else. And these all are just based on my knowledge and exp of more than a decade of my stay here :-) . I know people take all these info, and if they don't like it they can dump this info in garbage.

lozolneo
12-04-2014, 07:57 AM
Hi guys- Quick question please.

When filing the EAD/AP renewal form, what should be the answer for below please:

I-131

Class of Admission- would it be Advance Parole? the electronic I-94 copy says DA for class of admission. What should we put? Guy who have renewed while EAD/AP?

I-765

Status at Last entry- Advance Parole?
Current Immigration Status- Advance Parole?

Pls assist.

Thanks,

Kanmani
12-04-2014, 09:31 AM
Hi guys- Quick question please.

When filing the EAD/AP renewal form, what should be the answer for below please:

I-131

Class of Admission- would it be Advance Parole? the electronic I-94 copy says DA for class of admission. What should we put? Guy who have renewed while EAD/AP?

I-765

Status at Last entry- Advance Parole?
Current Immigration Status- Advance Parole?

Pls assist.

Thanks,

If you have used AP to enter, you should have a I-94 card printed as Parolee attached to your passport. In that case it would be,

Status at Last entry- Parolee

Current Immigration Status-Adjustment of status pending (AoS pending)

Otherwise,

use H1B status if you are in H1b or enter the category you are currently in.

lozolneo
12-04-2014, 11:01 AM
Thanks Kanmani-

For I-131
Last time i was there I did not get a printed copy. I can access the i-94 online and as i said above it says Class of Admission: DA. what does that mean? what should i put on the form for Class of Admission?

For i-765
Status at last entry: Parolee. OK got it.
Current immigration status- you are saying that will be Adjustment of status pending and not Parole?

NO i no longer have H1b

Ok thanks very much.

lozolneo
12-04-2014, 11:07 AM
And On my passport on the stamp it says: DA/AOS. I read somewhere that that is the class of admission. The online i-94 says just DA for class of admission.

Thanks,

pdfeb09
12-04-2014, 11:14 AM
And On my passport on the stamp it says: DA/AOS. I read somewhere that that is the class of admission. The online i-94 says just DA for class of admission.

Thanks,

You are a parolee. DA is two part D = Code as per the documents. A = Adjustment to immigrant status ..
Here's the USCIS Link. (http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-32054.html)

lozolneo
12-04-2014, 11:17 AM
You are a parolee. DA is two part D = Code as per the documents. A = Adjustment to immigrant status ..
Here's the USCIS Link. (http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-32054.html)

I understand that I am a Parolee. But it my class of admission Parolee or is it DA/AOS as stamped on my passport or DA as mentioned on the electronic i-94?

Kanmani
12-04-2014, 12:33 PM
lozolneo,

We recently submitted the EAD/AP renewal applications. we went through a lot of filled applications (available online - Google it).

The answers were, Parolee and AoS pending for those questions respectively.

rostocker
12-04-2014, 03:19 PM
Hello Gurus,

I am a first time September filer EB2I with PD:20feb2009 and RD:08Sep2014 (TSC).
My I765 and 131 are still pending and i opened an SR after completing 75 days. The SR status was completed last week and the reason i got from the customer rep is "the case is in transit"(in the officers queue).

what are my options now since the case will be pending for more than 90days by the end of this week?
I do have travel plans for 20Dec but not yet booked the tickets. Is it possible to get the temporary AP if the case is pending for more than 90days?
Is it possible to create a request to expedite the process once it crossed pending for more than 90 days?

lozolneo
12-04-2014, 06:06 PM
Thanks kanmani- sorry just want to be really clear. You said answers for those were parole and aos pending.

So you mean parolee is the answer for 2 questions ( class of admission for i693 as well as for status at last entry for ead) and aos pending for current immigration on the ead.

Also can you please share where which service center you applied and if you got your renewal how long it took and if you still haven't got it, when did you apply for renewal.

Would appreciate others also confirming kanmanis answers for the 3 questions. Thanks very much.





lozolneo,

We recently submitted the EAD/AP renewal applications. we went through a lot of filled applications (available online - Google it).

The answers were, Parolee and AoS pending for those questions respectively.

Kanmani
12-04-2014, 06:30 PM
Yes. That's what we have entered. Class of admission - Parolee and Current immi status - AoS pending.

Ours is at TSC , waiting for the Receipt notice.

lozolneo
12-04-2014, 06:34 PM
And status of last entry is also parolee right?

Do you mind me asking you when you sent out your application?





Yes. That's what we have entered. Class of admission - Parolee and Current immi status - AoS pending.

Ours is at TSC , waiting for the Receipt notice.

Kanmani
12-04-2014, 07:02 PM
Yes.

We sent them on Nov 24 th.

tenyearsgone
01-04-2015, 10:27 PM
Analyzing EAD renewal status messages:

I applied for EAD/AP renewal in October and got a couple of updates recently. I am no longer on H1, so I am waiting eagerly as the current validity counts down to 0 :(. I am trying to analyze the difference between the 2 messages, to decide if I should raise an SR or something to expedite. I got the approval notice for my AP by mail last week.

1.
New Card is being produced
On December 20, 2014, we ordered your new card for Receipt Number SRC159000***, and
will mail it to the address you gave us. If you do not receive your card by January 19, 2015,
please go to www.uscis.gov/erequest (https://egov.uscis.gov/eRequest/Intro.do) to request your card.


2.
Card was ordered to be produced
On January 2, 2015, we ordered your new card for Receipt Number SRC159000***, and will
mail it to the address you gave us. If you do not receive your card by February 1, 2015, please go
to www.uscis.gov/erequest (https://egov.uscis.gov/eRequest/Intro.do) to request that we send your new card to you.

Feb 1, 2015 is too late for me, so any inputs/suggestions are welcome.

Pundit Arjun
01-05-2015, 08:20 AM
You can raise a SR 75 days post the I765 Receipt Date (The processing times page has this info mentioned on top). There is no harm in raising a SR and infact it will give you further clarity.

From your message, it looks like both the messages are for your AP and not for EAD. If EAD is what matters to you as of now then do raise a SR over phone :)

Feb. 1st is the worst case estimate (considering all possible delays - this is what I think based on my Experience). From my experience, I receive the approval notice 2-3 days after the email and text updates and have never hit the worst case date.
As long as you receive the approval before your expiration date, you should be fine. So even if the physical card reaches you two-three weeks after, you should be fine. You can update your I-9 once you receive the card. Make sure you keep your HR dept and any relevant parties in your company updated.


Analyzing EAD renewal status messages:

I applied for EAD/AP renewal in October and got a couple of updates recently. I am no longer on H1, so I am waiting eagerly as the current validity counts down to 0 :(. I am trying to analyze the difference between the 2 messages, to decide if I should raise an SR or something to expedite. I got the approval notice for my AP by mail last week.

1.
New Card is being produced
On December 20, 2014, we ordered your new card for Receipt Number SRC159000***, and
will mail it to the address you gave us. If you do not receive your card by January 19, 2015,
please go to www.uscis.gov/erequest (https://egov.uscis.gov/eRequest/Intro.do) to request your card.


2.
Card was ordered to be produced
On January 2, 2015, we ordered your new card for Receipt Number SRC159000***, and will
mail it to the address you gave us. If you do not receive your card by February 1, 2015, please go
to www.uscis.gov/erequest (https://egov.uscis.gov/eRequest/Intro.do) to request that we send your new card to you.

Feb 1, 2015 is too late for me, so any inputs/suggestions are welcome.

tenyearsgone
01-05-2015, 10:59 AM
Thanks Pundit. The messages are for the EAD card (based on the receipt number in the status message). I'll raise an SR just in case, as I did not receive an official approval notice for I-765. I only got the approval notice for the AP.



You can raise a SR 75 days post the I765 Receipt Date (The processing times page has this info mentioned on top). There is no harm in raising a SR and infact it will give you further clarity.

From your message, it looks like both the messages are for your AP and not for EAD. If EAD is what matters to you as of now then do raise a SR over phone :)

Feb. 1st is the worst case estimate (considering all possible delays - this is what I think based on my Experience). From my experience, I receive the approval notice 2-3 days after the email and text updates and have never hit the worst case date.
As long as you receive the approval before your expiration date, you should be fine. So even if the physical card reaches you two-three weeks after, you should be fine. You can update your I-9 once you receive the card. Make sure you keep your HR dept and any relevant parties in your company updated.

qesehmk
01-19-2015, 11:58 AM
Posting for the benefit of everyone.

Somebody just asked me (privately) if expiring EAD/AP document puts him/family in the risk for unlawful presence.

The answer is unequivocal NO.

EAD/AP expiration has no effect on your status in US. You do not accrue unlawful presence with the expiration of EAD/AP.

mechanical13
01-19-2015, 01:09 PM
Yes.

We sent them on Nov 24 th.

Hey Kanmani- any updates on your EAD/AP? We sent ours in on December 02, and got a receipt notice for Dec 05, but haven't heard anything since.

Around two years back, we got our renewals in approximately 25 days. Is current EAD/AP processing time approaching 90 days?

There seems to very little information on the trackitt 765 tracker for some reason.

Kanmani
01-19-2015, 01:24 PM
Hey Kanmani- any updates on your EAD/AP? We sent ours in on December 02, and got a receipt notice for Dec 05, but haven't heard anything since.

Around two years back, we got our renewals in approximately 25 days. Is current EAD/AP processing time approaching 90 days?

There seems to very little information on the trackitt 765 tracker for some reason.

Looks like currently they are processing applications with the RD of October 15, I think it may take a month for us to reach the table.

No updates from my side.

mechanical13
01-19-2015, 01:57 PM
Looks like currently they are processing applications with the RD of October 15, I think it may take a month for us to reach the table.

No updates from my side.

Thanks Kanmani, this is very helpful. BTW, what website are you using to determine what dates they are processing now?

I'll keep you posted if I hear anything on my side as well.

Kanmani
01-19-2015, 10:04 PM
Thanks Kanmani, this is very helpful. BTW, what website are you using to determine what dates they are processing now?

I'll keep you posted if I hear anything on my side as well.

I am using trackitt website's EAD tracker.

mechanical13
01-20-2015, 09:17 AM
I am using trackitt website's EAD tracker.

Thanks Kanmani. I just found the trackitt forum you'd mentioned. I was only using the tracker table, which is seldom updated.

suninphx
01-20-2015, 12:46 PM
Getting bio metrics notice for EAD/AP renewal - is it a norm now or case to case basis? Any ideas?

mechanical13
01-20-2015, 12:53 PM
Getting bio metrics notice for EAD/AP renewal - is it a norm now or case to case basis? Any ideas?

My understanding is that the biometrics are almost always requested if you submit your EAD renewal online, while paper-based submissions don't trigger a biometric. Other forum members can confirm.

gcq
01-20-2015, 03:07 PM
My understanding is that the biometrics are almost always requested if you submit your EAD renewal online, while paper-based submissions don't trigger a biometric. Other forum members can confirm.
Nope, I have been using online EAD extensions for past couple of times since 2007. Never had a biometrics appt. I think biometrics is a standard for some non-employment based applicants, not us.

incredible
01-21-2015, 07:32 AM
Hi All
I just wanted to post on this forum on the time lines that are being taken these days by USCIS for extending/renewing EAD/AP. My EAD/AP expires in March '15. My attorney (a small firm in NC) suggested that I apply early and we applied in the first week of October. It took good 4 months and I just got my new cards in the mail this week.

Please keep this (4 months) in mind while applying/extending/renewing for EAD/AP. This may not be applicable for people who also has H1B and are not worried about un-able to work etc.




Nope, I have been using online EAD extensions for past couple of times since 2007. Never had a biometrics appt. I think biometrics is a standard for some non-employment based applicants, not us.

jdoe99
01-21-2015, 07:54 AM
Wait, doesn't the EAD/AP application get rejected or sent back if one applies earlier than 120 days? Am I missing something here?


Hi All
I just wanted to post on this forum on the time lines that are being taken these days by USCIS for extending/renewing EAD/AP. My EAD/AP expires in March '15. My attorney (a small firm in NC) suggested that I apply early and we applied in the first week of October. It took good 4 months and I just got my new cards in the mail this week.

Please keep this (4 months) in mind while applying/extending/renewing for EAD/AP. This may not be applicable for people who also has H1B and are not worried about un-able to work etc.

incredible
01-21-2015, 08:15 AM
That is what I thought when attorney asked me. But attorney clarified that we can apply 6 months (180 days) in advance.

Wait, doesn't the EAD/AP application get rejected or sent back if one applies earlier than 120 days? Am I missing something here?

Kanmani
01-21-2015, 08:36 AM
That is what I thought when attorney asked me. But attorney clarified that we can apply 6 months (180 days) in advance.


"You cannot file for a renewal EAD more than 120 days before your original EAD expires"


http://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document

incredible
01-21-2015, 08:39 AM
"You cannot file for a renewal EAD more than 120 days before your original EAD expires"


http://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document

Kanmani, I have filed mine in October first week while my current EAD/AP expires in the first week of March (around 150 days before). I got approved documents late last week. My attorney suggested me to file it. Not sure if the 120 day rule is being followed by USCIS rigorously.

Kanmani
01-21-2015, 08:57 AM
incredible,

I tried and failed to find some information on policy changes over EAD filing. If you could get it from your lawyer that would be helpful for the rest of us. ( I have already applied on 120 mark window).


As far as I know, its 120 days only and when there is a rule, it stands for its definition. We cannot assume on whether it is being followed or not. There are people who rely only on EAD for their employment, rejection on account of improper filing (after 90 days of filing) would jeopardize their living.

This time line discussion should be more precise since many of us are self filing EAD/AP nowadays and some of them might blindly follow our words.

incredible
01-21-2015, 09:17 AM
Hi Kanmani
I will reach out to my lawyer. I agree when you mentioned that not having clarity in this will jeopardize the working. I am one of them, I do not have a H1 and work only on EAD. I will reach out to my attorney and post it here.

incredible,

I tried and failed to find some information on policy changes over EAD filing. If you could get it from your lawyer that would be helpful for the rest of us. ( I have already applied on 120 mark window).


As far as I know, its 120 days only and when there is a rule, it stands for its definition. We cannot assume on whether it is being followed or not. There are people who rely only on EAD for their employment, rejection on account of improper filing (after 90 days of filing) would jeopardize their living.

This time line discussion should be more precise since many of us are self filing EAD/AP nowadays and some of them might blindly follow our words.

incredible
01-23-2015, 02:40 PM
hi All
I reached out to my attorney and his office responded saying that he is out of town right now. Just wanted to post back on this forum if any one is waiting on a response on this. Till the time I get concrete feedback from attorney, I believe we need to follow the rule which says 120 days prior to expiry we can file for renew of EAD/AP. As soon as I get response from attorney, I will post back to this forum.

Hi Kanmani
I will reach out to my lawyer. I agree when you mentioned that not having clarity in this will jeopardize the working. I am one of them, I do not have a H1 and work only on EAD. I will reach out to my attorney and post it here.

Pundit Arjun
01-28-2015, 02:22 PM
FYI
I got my EAD approved after raising a service request post 75 days and also raising a expedite service request through the senators office. I did provide a letter from the employer indicating financial hardship for the company and Individual to the senators office. The application for me and my dependents got approved the same day senator's office raised a SR. This was a much needed approval to avoid hardship.

Lesson learnt : Do not apply through the Attorney for EAD extensions -Forms are simple enough to apply ourselves. In my case, they delayed mailing the paperwork for 30 days.

incredible
02-02-2015, 09:10 AM
Here is the response that I got from Attorney to my question on the time frame for applying for EAD. Here is the response

"USCIS recommends filing within 120 days of expiration, but there is no statute or regulation requiring that"




hi All
I reached out to my attorney and his office responded saying that he is out of town right now. Just wanted to post back on this forum if any one is waiting on a response on this. Till the time I get concrete feedback from attorney, I believe we need to follow the rule which says 120 days prior to expiry we can file for renew of EAD/AP. As soon as I get response from attorney, I will post back to this forum.

mechanical13
02-02-2015, 01:58 PM
Looks like currently they are processing applications with the RD of October 15, I think it may take a month for us to reach the table.

No updates from my side.

Hey Kanmani, wanted to share an update with you.

I was very surprised today to see that the status for both my (primary) 765 and 131 changed to CPO/approved. Also got the Email/SMS confirming this.

The status for my wife is still the same as before in "Received" status. Hoping that her approval comes through soon as well.

RD: 12/03/2014
ND: 12/05/2014

I'm not sure why they separated my wife and my applications. Do you know if primary/dependent applications are processed differently because the primary needs to go through some form of viability verification? (I filed AC21 and changed employers several months back).

Good luck with the process, and hope your approval comes through really soon too!

nbk1976
02-02-2015, 08:43 PM
Heard the DAPA folk are getting three-year EADs. The USCIS has never been so liberal with AOS folk renewing their EADs.

Seriously: could AOS applicants (living in the US since Jan 1 2010) with US citizen children born before Nov 2014 qualify under DAPA, in case their I-484 is denied for whatever reason?

cool_guy_2004
02-12-2015, 10:05 PM
Kanmani,

Are your EAD/AP's approved? I did file mine on 11/21 still waiting for approval. We raised an SR and it's not assigned to an officer yet. Do you know how long does USCIS take to respond and act on SR's?


Heard the DAPA folk are getting three-year EADs. The USCIS has never been so liberal with AOS folk renewing their EADs.

Seriously: could AOS applicants (living in the US since Jan 1 2010) with US citizen children born before Nov 2014 qualify under DAPA, in case their I-484 is denied for whatever reason?

Kanmani
02-12-2015, 10:19 PM
Kanmani,

Are your EAD/AP's approved? I did file mine on 11/21 still waiting for approval. We raised an SR and it's not assigned to an officer yet. Do you know how long does USCIS take to respond and act on SR's?

It is approved. My RD was 26th Nov/ TSC/ 65 days processing time/ 2 year combo card received.

I haven't used SR for expedition of the processing in any of my applications. If you are in urgent, go with congressman route.

cool_guy_2004
02-12-2015, 10:25 PM
ok thank you!

mechanical13
02-23-2015, 06:17 PM
hey guys,

Wanted to give everyone an update and ask for some guidance.

To recap- my wife and I applied on 12/03 for our 3rd time EAD/AP renewal with TSC. My EAD + AP got approved on 02/02 (60 days) but my wife's got separated from mine and wasn't approved at the same time.

We opened a SR on the 75th day. Last Friday (2 days after SR) we got notification that her EAD has been approved (CPO status), but her AP is still in 'received' status. There was no way for us to open a SR on the 75th day for the AP. We have no urgent need to travel outside. Since it won't be a combo card, I'm guessing she will receive a separate AP eventually?

I checked online and USCIS website says that they are currently processing October 2014 I-131 applications, which seems incorrect. Has anyone experienced the same thing? What is the process to nudge USCIS to approve the AP?

Any guidance would be very much appreciated!

gcq
02-24-2015, 07:30 AM
hey guys,

Wanted to give everyone an update and ask for some guidance.

To recap- my wife and I applied on 12/03 for our 3rd time EAD/AP renewal with TSC. My EAD + AP got approved on 02/02 (60 days) but my wife's got separated from mine and wasn't approved at the same time.

We opened a SR on the 75th day. Last Friday (2 days after SR) we got notification that her EAD has been approved (CPO status), but her AP is still in 'received' status. There was no way for us to open a SR on the 75th day for the AP. We have no urgent need to travel outside. Since it won't be a combo card, I'm guessing she will receive a separate AP eventually?

I checked online and USCIS website says that they are currently processing October 2014 I-131 applications, which seems incorrect. Has anyone experienced the same thing? What is the process to nudge USCIS to approve the AP?

Any guidance would be very much appreciated!

I was in the situation where I had applied AP in advance and booked a ticket to India. AP didn't come through well in advance to know whether I need to reschedule the air ticket. Looked at trackitt. Saw some who applied after me got approved. Decided to expedite AP citing financial loss due to air ticket cancellation. When talked to an IO he said the only financial loss category they would consider is "unable to pay the bill" I reminded him people who applied before me are already being approved and for all practical matters I am in process timeframe of USCIS. He declined my request.

Finally decided to go to local USCIS office and try to expedite. When talking to a young IO lady there, she said they will issue emergency AP only in case of death etc. In this case USCIS office has to do something about it. Their rules wont allow an emergency AP. She also recommended "you could take a chance and leave and once it is approved, somebody could mail it to you in India" I reminded her if I did that my AOS application would be denied. Asked her not to give such misleading advise to anyone. Got a firsthand experience of the knowledge of the so called immigration officers.

Finally I postponed my ticket at a loss and AP approval notification came via email one day before travel. They could have helped me easily, but wont. After all they are USCIS's immigration officers. !
http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Criteria for Expedited Processing of an Application

USCIS will expedite an application, including an application for a travel document, Form I-131, in certain situations, which may include:


Severe financial loss to company or person;
Emergency situations;
Humanitarian reasons;
Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
Department of Defense or National Interest Situation (Note: The request must come from an official U.S. Government entity and state that delay will be detrimental to the Government.);
USCIS error; or
Compelling interest of USCIS.

You may submit an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283, or by submitting a written request and supporting documentation with your application.
Emergency Advance Parole Documents

If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:


A completed and signed Form I-131, Application for Travel Document
The correct I-131 filing fee
Evidence to support the emergency request (e.g. medical documentation, death certificate)
Two passport-style photos.

mechanical13
03-02-2015, 09:37 AM
I was in the situation .... photos. [/LIST]

Thanks gcq, appreciate the guidance.

I'm not sure what is going on with TSC, but I have another update on my wife's EAD/AP that I wanted to share with everyone.

A few days after opening a S.R (75th day), my wife's EAD status changed to approved/CPO. Its been over a week now, and her status is still the same. Since the original Email/SMS, I've gotten 2 more approval emails/sms, each with updated approval dates. When the last one came, her AP status also changed to "Approved". Its been a few days since the last notification, and her status is still in CPO.

Oddly, the SR status continues to remain in "unassigned" status, suggesting that the approval had little to do with the S.R.

Has anyone experienced this? How long should we wait before calling USCIS for an update?

anuprab
03-02-2015, 11:56 AM
Thanks gcq, appreciate the guidance.

I'm not sure what is going on with TSC, but I have another update on my wife's EAD/AP that I wanted to share with everyone.

A few days after opening a S.R (75th day), my wife's EAD status changed to approved/CPO. Its been over a week now, and her status is still the same. Since the original Email/SMS, I've gotten 2 more approval emails/sms, each with updated approval dates. When the last one came, her AP status also changed to "Approved". Its been a few days since the last notification, and her status is still in CPO.

Oddly, the SR status continues to remain in "unassigned" status, suggesting that the approval had little to do with the S.R.

Has anyone experienced this? How long should we wait before calling USCIS for an update?

I don't think you should worry, I had the same thing when I got the card I got a combo card for EAD and AP and it was delivered to mailbox via normal usps post. I remember however last year when we had expedited my husband's AP for emergency travel they had it delivered via UPS courier. The only thing is I saw the USPS tracking after the CPO status and I am not sure how long did it take for the status change from CPO to tracking info. Maybe call customer service and ask them?

nbk1976
03-02-2015, 09:31 PM
I am nearing my 75th day (EAD/AP combo). Is the average wait times this year between 75-90 days? Should I wait or call USCIS? What's the procedure? How does one get in touch with an actual person? All those options only have automated answers.

suninphx
03-03-2015, 12:59 AM
Call during business hours(local time where service center is located) and you can get connected to actual person. Depending upon your luck they might create SR after 75 days or ask you to wait till 90 days. To try further you can ask them to connect you to L2 officer. If wait time to connect to L2 officer is too long then you have an option of asking them to call you back.

HTH and good luck!

incredible
03-03-2015, 07:10 PM
This is a good idea. Please call USCIS during business hours and tell them you are approaching 90 days and they will be able to raise an SR. Also they do offer temporary EAD card as well in the case you need it before your actual EAD is approved.


Call during business hours(local time where service center is located) and you can get connected to actual person. Depending upon your luck they might create SR after 75 days or ask you to wait till 90 days. To try further you can ask them to connect you to L2 officer. If wait time to connect to L2 officer is too long then you have an option of asking them to call you back.

HTH and good luck!

mechanical13
03-03-2015, 08:28 PM
Hey guys - my wife's EAD/AP finally came through. Took exactly 80 days to get approved, and 15 days for the postal service to deliver to our door. I think there has been a lot of disruption at the TSC due to bad weather/service center closure etc.

FYI - We put in a SR to push the request after waiting 75 days, but the SR didn't do much and remained pending until the moment we got the card in hand.

Good luck everyone! Lets see what the end of the year and forward movement has in store for us!

suninphx
03-03-2015, 11:53 PM
This is a good idea. Please call USCIS during business hours and tell them you are approaching 90 days and they will be able to raise an SR. Also they do offer temporary EAD card as well in the case you need it before your actual EAD is approved.

They have stopped issuing temporary EAD now.

incredible
03-04-2015, 08:01 AM
Hi
Is this a new change ? I remember them asking me about temporary EAD card about a month back when my EAD was getting delayed.


They have stopped issuing temporary EAD now.

anuprab
03-04-2015, 12:04 PM
Hi
Is this a new change ? I remember them asking me about temporary EAD card about a month back when my EAD was getting delayed.

For the benefit of all waiting for EAD/AP renewals, you can call and create a service request for EAD after 75 days and they will give you a reference number. However they won't create a request for AP as the timeframe is 90 days. It is usually a good idea to create a SR for EAD after 75 days as it will definitely expedite the EAD. The final card takes a while to come through if the AP is filed at the same time. Hope this helps all.

suninphx
03-04-2015, 05:10 PM
They have stopped issuing temporary EAD now.

Seems they stopped issuing interim EAD few years back. Just search on trackitt EAD forums.

nbk1976
03-04-2015, 08:40 PM
Yes, interim EADs are not issued anymore (these were issued by field offices before). After 90 days, however, the case can be requested to be "expedited"---this cannot be requested after the 75 day mark; one must wait for the 90 day mark.

krishn
03-06-2015, 03:13 PM
Hi All,

I have applied for my spouse and self EAD in a single envelope. I mailed out on 5Dec14 to a TSC lockbox.
I got the two Receipt notices for both of us Dated 18Dec14.

I have got the spouse's newly Renewed EAD for 2 years in mail on 27feb15. I still did not get mine yet.

Called USCIS customer service and they asked me to wait untill 18th March and check back again.
my EAD is expiring on 3rdApril.

What will be my next steps to be followed, any hints links suggestion advice appreciated.

Thanks a ton.

nbk1976
03-06-2015, 06:16 PM
On March 18th, you complete 90 days; call them and they will "expedite" your case. I am in the same boat. My receipt date is December 19, 2014; both mine and my wife's applications are pending.

nbk1976
03-10-2015, 06:06 PM
I initiated an SR on the 80th day for EAD/AP combo. On the following day, the status changed to "card production". I hope I shall have the cards in 7-10 days.

My case was at the TSC and the receipt notice is Dec 19, 2014.

I'll update when I get the cards.

krishn
03-17-2015, 01:10 PM
received the text msgs that my case is approved. I raised SR and spoke to L2 offcier and its 90days from RD not sure which one helped. Hoping that I would get my EAD card in mail either this week or early next week.

thanks for all support.

nbk1976
03-17-2015, 10:44 PM
received the text msgs that my case is approved. I raised SR and spoke to L2 offcier and its 90days from RD not sure which one helped. Hoping that I would get my EAD card in mail either this week or early next week.

thanks for all support.

Does the text message or the website give you a mail tracking number? I did not get any text messages, but the website says "Card was ordered to be produced", but has no tracking number.

krishn
03-18-2015, 11:35 AM
in the text msg there was no tracking#. when the postoffice picks up you would see the tracking# in uscis website.

there were 3 updates in the uscis website mycases section once ead application is received,
the status updates were
1.received a appln.
2.card ordered.... (2 times)
3.mailed the card...
4.post office picked up with tracking#


HTH

almost
03-18-2015, 11:50 AM
Has anyone used an EAD to become self employed? Meaning, established a corporation and worked as a contractor through an LLC. I have an opportunity where the nature of the job remains the same or similar but the remuneration is a bit higher both due to better rate and ability to save more from taxation standpoint. From web based research it seems like it is doable and I do intend to seek legal help. If anyone has an actual experience to share or could shed some light then it would be much appreciated.

nbk1976
03-18-2015, 03:26 PM
I don't believe many folk even know about self-employment, since USCIS has no clear rules and guidelines about it. There is a memo which briefly says that the job must be same or similar and that you need to show you are actually making a living as a self-employed person,--that is, you are not a public charge getting any form of government assistance.

Since the USCIS has given no clear guidelines on switching to jobs to same or similar, most folk even hesitate to switch to a different employer under AC 21.

All the USCIS has published is a "memo" which is not legal or binding on them. They can change everything and enforce any new rules with retroactive effect. For instance, they can come up with new rules that say "self-employment" is not allowed, and deny everyone who became self-employed, even if they had done so before the new rules came into effect.

almost
03-18-2015, 04:00 PM
I don't believe many folk even know about self-employment, since USCIS has no clear rules and guidelines about it. There is a memo which briefly says that the job must be same or similar and that you need to show you are actually making a living as a self-employed person,--that is, you are not a public charge getting any form of government assistance.

Since the USCIS has given no clear guidelines on switching to jobs to same or similar, most folk even hesitate to switch to a different employer under AC 21.

All the USCIS has published is a "memo" which is not legal or binding on them. They can change everything and enforce any new rules with retroactive effect. For instance, they can come up with new rules that say "self-employment" is not allowed, and deny everyone who became self-employed, even if they had done so before then new rules came into effect.

nbk,
Thanks; appreciate your response. Do you have a link to the memo or do you know where it can be found?

nbk1976
03-18-2015, 07:45 PM
It's called the Yates Memo published May 12, 2005: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm051205.pdf

Read Question 8 for self-employment.

The whole memo is an interesting read as it gives guidance to adjudicating officers. The trouble is that it is just recommendations for good practices; it is not policy; and they can change that without alerts or warnings and enforce new rules retroactively.

Also, here are Ron Gotcher's (Immigration Attorney) views on the matter: http://www.immigration-information.com/forums/threads/self-employment.6206

lozolneo
03-27-2015, 10:25 AM
Needed some help pls.

My EAD/AP renewal application was approved. The last message i saw was that Card was mailed to me. ON february 25, 2015, they had mailed the card out the address on file. The status on the website never changed to one with the tracking number of USPS. The message said to wait till march 27 to request them to send the card to me.

This is really annoying as my curent ead/ap expires in a week and i have still not got it. when i filled out the link to request the card they said they will reply to me by april 18.

Anyone face a similar situation? It was filed with Texas Service Center and was EAD/AP renewal.

Thoughts ??

Thanks,

nbk1976
03-27-2015, 08:27 PM
In my case, the status changed and the tracking number showed up in 3 days. Clearly, your card is lost: either they did not mail it or USPS lost it. Call them and tell the person to connect you to a Level 2 officer and request an interim EAD. You must speak to a Level 2 officer, because the guy who first answers is just like a receptionist. He cannot help you with anything.

Do you live near a big city? Most metro areas have a USCIS office.

Call them first thing on Monday. Also, write to your local US congressman, to investigate the matter.

imdeng
03-28-2015, 03:24 PM
Just adding a data point: my EAD/AP application was received on Jan 15th and approved on Mar 26th. Strangely though I did not get an email or text notification. I just happened to check the online case status and saw that they have been approved. I have not received the card yet.

smuggymba
04-09-2020, 01:39 PM
Guys what's happening with EAD renewals these days? How much time it takes these days?

I'm 4.5 months out...Last time I was lucky to get renewal in 5-6 weeks.

LeoAugust
04-09-2020, 02:58 PM
My PD is in September 2009. Hope it moves at least 3-4 months by October 2020 from where it is now. Sure hope it will move past May 2010 so that some folks who are in really long wait even for EAD will finally get their EAD's.

Sorry to ask you. My relative is Dec-2009 and he got his EAD on 2011. Why it is so late for you? Did you not apply by then?

mahendra
04-09-2020, 03:55 PM
Guys what's happening with EAD renewals these days? How much time it takes these days?

I'm 4.5 months out...Last time I was lucky to get renewal in 5-6 weeks.

Based on current trend from trackitt - 4-6 months. There are few people received EAD/AP combo with 2 years validity.

vckomara
04-09-2020, 04:24 PM
Sorry to ask you. My relative is Dec-2009 and he got his EAD on 2011. Why it is so late for you? Did you not apply by then?

I got my EAD in 2011 too and have been on that for 9 years now. I was just hoping about people with PD after May-2010 get EAD as well as its cruel to keep waiting for 10+ years even for EAD whereas I got my EAD just 2 years after starting my application. I was also hoping there will be enough movement to get my GC by October this year.

paramjit74
04-09-2020, 09:06 PM
Based on current trend from trackitt - 4-6 months. There are few people received EAD/AP combo with 2 years validity.

I applied in Jan end and got it in 2 months. I have seen other cases on trackitt getting in similar time. My center was NSC.

Another interesting thing is that I got for 2 years validity even though my PD is 15 days from being current (June 8, 2009)

kb2013
04-11-2020, 01:37 PM
Couple of EAD related question:
My concurrent filing I-485 has been pending for more than a year. I-140 was approved. I did not apply for EAD extension before its expiry as my H1B was planned to be extended using premium processing. However that is getting delayed as Premium processing is currently suspended.

- Can I change jobs even if my EAD/AP expired and renewal is in progress? Or do I need an unexpired EAD for switching jobs under AC 21?

qesehmk
10-14-2021, 08:18 AM
Somebody asked following privately. I thought the question is useful to a lot of others. So reproducing the Q&A while removing identity of OP

Dear Q,

I have a situation now. My wife started using her 485 EAD (1-year validity expiring on Mar-2022) starting on Sep-28. We applied for her H4 and H4 EAD renewal on Apr-2021 and it's approved on Oct-08 and they approved her H4 also. We received my wife's H4-EAD today and they approved it for 3 years (Expiring Oct-2024). Is there any way my wife can switch back to H4-EAD?
Absolutely she can. Just give it to the HR and ask them to use it as her work authorization. That's it.

IMHO It makes no difference whatsoever what work authorization you are using. EAD is EAD. Using it or not using it means nothing to your case approval or any other chances relative to immigration. Good luck!

andhraguy
10-14-2021, 09:58 AM
Somebody asked following privately. I thought the question is useful to a lot of others. So reproducing the Q&A while removing identity of OP

Absolutely she can. Just give it to the HR and ask them to use it as her work authorization. That's it.

IMHO It makes no difference whatsoever what work authorization you are using. EAD is EAD. Using it or not using it means nothing to your case approval or any other chances relative to immigration. Good luck!

I guess the real question is what status she will be now 485 pending or H4 ?

If primary applicant use his 485-EAD he will loose H1 status, is it the same for dependent or dependent can switch status back and forth between H4 and 485 Pending ?

qesehmk
10-14-2021, 10:58 AM
I guess the real question is what status she will be now 485 pending or H4 ?

If primary applicant use his 485-EAD he will loose H1 status, is it the same for dependent or dependent can switch status back and forth between H4 and 485 Pending ?

Her status is always dual no matter what EAD she uses. It is H4 pending 485.

andhraguy
10-14-2021, 11:16 AM
Her status is always dual no matter what EAD she uses. It is H4 pending 485.

Thanks Q, Good to know.

gammaray
10-14-2021, 11:55 AM
I guess the real question is what status she will be now 485 pending or H4 ?

If primary applicant use his 485-EAD he will loose H1 status, is it the same for dependent or dependent can switch status back and forth between H4 and 485 Pending ?

Pending I-485 is not a status, it's just "period of authorized stay". H1/H4 is an non-immigrant status. If the primary forgoes h1b and switches to EAD then it goes without saying that the dependent's H4 is gone as well and the dependent will have to move to the I-485 EAD, and can't come back to h4 EAD unless the primary reapplies and moves back to h1b via consular processing and the connected h4/h4 ead is approved.

What OP doesn't mention is if the primary is still on h1b or not, but given the fact that the dependent's h4 was approved recently means the primary is still on h1b as well --- which means the dependent can use the h4 ead.

srimurthy
10-18-2021, 12:16 PM
Couple of EAD related question:
My concurrent filing I-485 has been pending for more than a year. I-140 was approved. I did not apply for EAD extension before its expiry as my H1B was planned to be extended using premium processing. However that is getting delayed as Premium processing is currently suspended.

- Can I change jobs even if my EAD/AP expired and renewal is in progress? Or do I need an unexpired EAD for switching jobs under AC 21?

If I recall the previous discussions, Once you apply / file for EAD / AP renewal in time, the receipt would allow for usage and to say it is valid for use for up to 180 days I guess.
But this is for 485 based EAD and other and not H4 EAD. Others can correct the information.

gammaray
10-19-2021, 09:41 AM
If I recall the previous discussions, Once you apply / file for EAD / AP renewal in time, the receipt would allow for usage and to say it is valid for use for up to 180 days I guess.
But this is for 485 based EAD and other and not H4 EAD. Others can correct the information.

That is correct, however OP did not renew the EAD before it expired and can't work till a new EAD is issued. Not sure why OP didn't renew the EAD in time. Renewal of h1b is no reason to not renew EAD as well. In fact the whole point is to have both documents (EAD is the backup). The renewal doesn't cost anything if you file the application by yourself, and the I-765 is as simple of a form as they come.

srimurthy
10-19-2021, 11:22 AM
That is correct, however OP did not renew the EAD before it expired and can't work till a new EAD is issued. Not sure why OP didn't renew the EAD in time. Renewal of h1b is no reason to not renew EAD as well. In fact the whole point is to have both documents (EAD is the backup). The renewal doesn't cost anything if you file the application by yourself, and the I-765 is as simple of a form as they come.

Sorry missed that point that the EAD extension was not filed. We have been in the mess for more than a decade and we have seen multiple times how dates moves back and things change and from what we learned and the experience, everyone when we have a chance we should all file all applications as we don't know what will be helpful on a given date.

bloddy1
01-01-2022, 11:16 AM
?fingerprints relating to your Form I-765, Application for Employment Authorization have been applied to your case?

My application for i765 has been updated with this note after about 75 days after filing at TSC, does anyone know how long does it take after?

SG2020
01-01-2022, 12:37 PM
Mine was done in August. No update since. TSC is a little slow :)


?fingerprints relating to your Form I-765, Application for Employment Authorization have been applied to your case?

My application for i765 has been updated with this note after about 75 days after filing at TSC, does anyone know how long does it take after?