EAD Questions

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03-04-2013, 10:40 AM
ambition

EAD Questions

Sorry for posting this in this thread. I will appreciate if Guru's can taek a look at my case and try to answer my questions.

TSC EAD Renewal : Expediated request rejected : H1 cancelled

I applied for EAD Renewal on 1-11-2013.
TSC center sent me receipts dated 1-16-2013.

Applied for 2 EAD (Me and My wife) 3 AP (Me, My wife & my son) all in one package.

They approved my Son's AP on 2-21-2013. Immediately received Email from USCIS regarding the same.
On 2-25-2013 they changed the approval date for my son to 2-25-1013. I did no receive any email for this change.

All other receipts are still showing Initial Review. Meanwhile on 1-15-2012 My H1b is been revoked by old employer as i changed job. I have not sent any AC-21 documents to USCIS.

I opened up and Expedited processing request. They rejected it with reason saying they have a lot of work load and can not honor my request. They said i can open a REGULAR INQUIRY on my case.

Those who have knowledge can please answers below questions?
1) How does they process applications? does each form goes to a different agent as my sons AP approved and all other are still in review?
2) Do they check if the candidates H1b is still valid before approve the EAD?
3) What is a REGULAR INQUIRY?
4) Is there any way i can know why my case is still in INITIAL REVIEW?
5) Will there be any problem since my H1b is revoked by old employer and i have not sent any AC-21 docs.

I am just worried as i see on trackitt that guys from FEB are approved and my application is still not being approved.
Moreover i do not have H1b anymore. Pleas help.
03-04-2013, 11:35 AM
JJcalifornian

Ambition, I'm just sharing my experience just in case if that helps.. Our family's 1st EAD is valid till 16th Apr 2013 and we sent out renewal application for both of us in a single package on 13th Dec 2012 and received on 17th Dec 2012. My wife's EAD got approved and received on 28th Jan 2013, with dates valid form 16th April 2013 to 15th April 2015 (2years). My application approved and received on 3rd march 2013 with dates valid form 25th Feb 2013 to 24th Feb 2014. (practically it's less than a year) My status check is still showing "initial review", but my wife's status is showing approved.
03-04-2013, 12:16 PM
ambition

Quote:

Originally Posted by JJcalifornian

Ambition, I'm just sharing my experience just in case if that helps.. Our family's 1st EAD is valid till 16th Apr 2013 and we sent out renewal application for both of us in a single package on 13th Dec 2012 and received on 17th Dec 2012. My wife's EAD got approved and received on 28th Jan 2013, with dates valid form 16th April 2013 to 15th April 2015 (2years). My application approved and received on 3rd march 2013 with dates valid form 25th Feb 2013 to 24th Feb 2014. (practically it's less than a year) My status check is still showing "initial review", but my wife's status is showing approved.

WOW!!!!
Two Questions for you JJcalifornian...

1) Did you change job on EAD? Is your underlying H1b status still valid?
2) Isn't 3rd March is Sunday? They are working on Sunday too....
03-04-2013, 12:27 PM
ambition

Quote:

Originally Posted by JJcalifornian

Ambition, I'm just sharing my experience just in case if that helps.. Our family's 1st EAD is valid till 16th Apr 2013 and we sent out renewal application for both of us in a single package on 13th Dec 2012 and received on 17th Dec 2012. My wife's EAD got approved and received on 28th Jan 2013, with dates valid form 16th April 2013 to 15th April 2015 (2years). My application approved and received on 3rd march 2013 with dates valid form 25th Feb 2013 to 24th Feb 2014. (practically it's less than a year) My status check is still showing "initial review", but my wife's status is showing approved.

Thanks JJcalifornian.

Two Questions:
1) Is your H1b status still valid? Or you have also moved on ith EAD.
2) Does USCIS works on Sunday's? March 3rd was Sunday..
03-05-2013, 02:54 AM
JJcalifornian

No I did not change my employer, My H1 status is still valid. I was telling I received the EAD on 3rd Sunday (must have came in on 2nd March in my mail box) in fact they approved it on 25th or 26th of Feb.
03-05-2013, 10:36 AM
AC_1980

Gurus, I need your advice. Please move my message to the appropriate thread if it does not belong here. below is our situation:
Our current EAD expires on March 14, 2013. we applied for renewal with receipt date of Dec 12, 2012. both my wife an I depend on EAD for employment, me being the primary applicant. we have a EB2 PD of July 2009, and we filed our I485 on Feb 6, 2012. I recently resigned from my job on Feb 22, have multiple job offers in hand, and am waiting for my renewed EAD to start with the new position, after which lawyer will process the AC21. we filed for our EAD and AP renewal separately (unintentionally), AP receipt date being Dec 21, 2012. We received our approved AP 512 form late last week, but EAD still says under "initial review" on USCIS website.
We went to the USCIS local office in Newark, NJ this morning, the officer said he filed a service request with the TSC (where we filed our application), said they will definitely get back to us by March 21, and asked us to wait. my questions are:
1. can we also call the National Customer Service Center (NCSC) about the same?
2. our 90-day period will be over on March 18, 2013. is it advisable to call NCSC after the 90-day period?
3. any other advice you can provide?
thanks everyone in advance.
03-05-2013, 02:22 PM
kpt112107

Ask your lawyer to expedite the process. You will get approval on next day. Lawyer knows how to expedite.

Quote:

Originally Posted by AC_1980

Gurus, I need your advice. Please move my message to the appropriate thread if it does not belong here. below is our situation:
Our current EAD expires on March 14, 2013. we applied for renewal with receipt date of Dec 12, 2012. both my wife an I depend on EAD for employment, me being the primary applicant. we have a EB2 PD of July 2009, and we filed our I485 on Feb 6, 2012. I recently resigned from my job on Feb 22, have multiple job offers in hand, and am waiting for my renewed EAD to start with the new position, after which lawyer will process the AC21. we filed for our EAD and AP renewal separately (unintentionally), AP receipt date being Dec 21, 2012. We received our approved AP 512 form late last week, but EAD still says under "initial review" on USCIS website.
We went to the USCIS local office in Newark, NJ this morning, the officer said he filed a service request with the TSC (where we filed our application), said they will definitely get back to us by March 21, and asked us to wait. my questions are:
1. can we also call the National Customer Service Center (NCSC) about the same?
2. our 90-day period will be over on March 18, 2013. is it advisable to call NCSC after the 90-day period?
3. any other advice you can provide?
thanks everyone in advance.
03-05-2013, 03:08 PM
pdfeb09

Quote:

Originally Posted by ambition

Sorry for posting this in this thread. I will appreciate if Guru's can taek a look at my case and try to answer my questions.

TSC EAD Renewal : Expediated request rejected : H1 cancelled

I applied for EAD Renewal on 1-11-2013.
TSC center sent me receipts dated 1-16-2013.

Applied for 2 EAD (Me and My wife) 3 AP (Me, My wife & my son) all in one package.

They approved my Son's AP on 2-21-2013. Immediately received Email from USCIS regarding the same.
On 2-25-2013 they changed the approval date for my son to 2-25-1013. I did no receive any email for this change.

All other receipts are still showing Initial Review. Meanwhile on 1-15-2012 My H1b is been revoked by old employer as i changed job. I have not sent any AC-21 documents to USCIS.

I opened up and Expedited processing request. They rejected it with reason saying they have a lot of work load and can not honor my request. They said i can open a REGULAR INQUIRY on my case.

Those who have knowledge can please answers below questions?
1) How does they process applications? does each form goes to a different agent as my sons AP approved and all other are still in review?
2) Do they check if the candidates H1b is still valid before approve the EAD?
3) What is a REGULAR INQUIRY?
4) Is there any way i can know why my case is still in INITIAL REVIEW?
5) Will there be any problem since my H1b is revoked by old employer and i have not sent any AC-21 docs.

I am just worried as i see on trackitt that guys from FEB are approved and my application is still not being approved.
Moreover i do not have H1b anymore. Pleas help.

First a short anecdote:
I sent in the renewal application for me and my wife in the same package. I got approved, received the card, while her case was in initial review. She called in to the customer service and they said wait for 90 days, but her case was approved the next week of the call. Coincidence? may be, may be not.

Coming to your issue:
When does your initial EAD/AP expire?

Revoking H1 will have no effect on you if you have a valid EAD/AP right now. USCIS will not consider revoking the H1 as an independant criteria for making a decision about your EAD renewal, however, if the I140 associated with your GC application is also revoked, then USCIS will send you a NOID (Notice of Intent to Deny) your GC application and thereby your EAD/AP renewal.

If you are beyond 180 days after I485, then you can avail AC21 even if your H1 and/or I140 is revoked, provided you prove that you have a "similar" job.

If you have a valid EAD/AP right now, you can continue to work with your new employer and get an EVL (Employment Verification Letter) from them and file your AC21 with current EAD ASAP. You must get an attorney to help you with this.

Regular inquiry is just an inquiry you do over the phone (afaik).

If your EAD/AP expires before you get your new one, you cannot work during that period since your H1 has expired/revoked. Same goes for your wife.

Needless to say you must obtain an EVL immediately from your new employer. Oh, and did I stress enough that you need to talk to an attorney ??!!
03-05-2013, 03:13 PM
pdfeb09

Quote:

Originally Posted by AC_1980

Gurus, I need your advice. Please move my message to the appropriate thread if it does not belong here. below is our situation:
Our current EAD expires on March 14, 2013. we applied for renewal with receipt date of Dec 12, 2012. both my wife an I depend on EAD for employment, me being the primary applicant. we have a EB2 PD of July 2009, and we filed our I485 on Feb 6, 2012. I recently resigned from my job on Feb 22, have multiple job offers in hand, and am waiting for my renewed EAD to start with the new position, after which lawyer will process the AC21. we filed for our EAD and AP renewal separately (unintentionally), AP receipt date being Dec 21, 2012. We received our approved AP 512 form late last week, but EAD still says under "initial review" on USCIS website.
We went to the USCIS local office in Newark, NJ this morning, the officer said he filed a service request with the TSC (where we filed our application), said they will definitely get back to us by March 21, and asked us to wait. my questions are:
1. can we also call the National Customer Service Center (NCSC) about the same?
2. our 90-day period will be over on March 18, 2013. is it advisable to call NCSC after the 90-day period?
3. any other advice you can provide?
thanks everyone in advance.

Do not wait until your 90 days are over to call. Your EAD expires before that anyways. Call right away ! They will probably tell you to not panic until 90 days are over, but call them and have them say it. With the fear of repeating myself in this post, my wife and I applied for renewal in the same package. I got approved, while she was in the initial review phase. She called, before the 90 days were over, and was asked to wait for 90 days. However, she got her approval the next week. It may be sheer coincidence, but if you call, it may just trigger something.

just my 0.2 cents !
03-05-2013, 03:22 PM
HR3012

What are the options in case the current EAD expires and the renewal is still pending? Leave of absence (loss of pay) is a legal option?
03-05-2013, 04:54 PM
Kanmani

Quote:

Originally Posted by HR3012

What are the options in case the current EAD expires and the renewal is still pending? Leave of absence (loss of pay) is a legal option?

Yes. Leave of absence is allowed. Paid leave is not .
03-12-2013, 04:21 PM
ajidan

Hi all,
My current contract with my current employer end on june 30 and I am invoking AC21 portability and starting with a new employer in the same field and the start date in the contract is august 1st. My I485 is pending for more than 180 days (filed april 2012). I will be unemployed for the month of July but will be moving to my new state. Is that okay with the EAD for me as primary and what about my wife? Any clarification will be really helpful.
03-12-2013, 05:27 PM
qesehmk

Since you're in AOS pending status which doesn't require current employment, you can stay unemployed while on AOS pending. However whenever the 485 will be adjudicated it is a good idea to have a job just in case there is a question from USCIS. That way you can show your new job to USCIS. However it is also likely that while you are unemployed your GC gets approved and there are no questions whatsoever. Bottomline - make sure that you are employed around when you expect your GC.

Quote:

Originally Posted by ajidan

Hi all,
My current contract with my current employer end on june 30 and I am invoking AC21 portability and starting with a new employer in the same field and the start date in the contract is august 1st. My I485 is pending for more than 180 days (filed april 2012). I will be unemployed for the month of July but will be moving to my new state. Is that okay with the EAD for me as primary and what about my wife? Any clarification will be really helpful.