Distress Situation in EAD

Guys, Haven't been active in the forums for a while. Got an EAD and selfish me thought I am off the hook for some time. Right now there is a crisis and I was gonna ask for opinions. I applied for my EAD about a month before expiry date (long story there, but the delay was due to administrative error) and it is still showing "initial review". My company has send me home till EAD is renewed - so no pay till then. I called USCIS and requested an expedited process from Texas Service Center. My question is, has any one had similar experiences? Typically how long does the process take? Does the expedite request work?

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Originally Posted by iatiam

Guys, Haven't been active in the forums for a while. Got an EAD and selfish me thought I am off the hook for some time. Right now there is a crisis and I was gonna ask for opinions. I applied for my EAD about a month before expiry date (long story there, but the delay was due to administrative error) and it is still showing "initial review". My company has send me home till EAD is renewed - so no pay till then. I called USCIS and requested an expedited process from Texas Service Center. My question is, has any one had similar experiences? Typically how long does the process take? Does the expedite request work?

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Sorry to hear about your situation. I don't believe there is a formal expediting process or guidelines. So I dont think there is a standard. Their usual processing time is about 60 days...I got mine renewed in under 30 days. Hang in there..it won't be too long.

PS:I also haven't seen/ heard of such cases before but I hope someone else can provide that perspective.

Thanks Vizcard. I was told that USCIS will contact me soon. Will share what happens to the benefit of others.

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Originally Posted by vizcard

Sorry to hear about your situation. I don't believe there is a formal expediting process or guidelines. So I dont think there is a standard. Their usual processing time is about 60 days...I got mine renewed in under 30 days. Hang in there..it won't be too long.

PS:I also haven't seen/ heard of such cases before but I hope someone else can provide that perspective.

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Originally Posted by iatiam

Guys, Haven't been active in the forums for a while. Got an EAD and selfish me thought I am off the hook for some time. Right now there is a crisis and I was gonna ask for opinions. I applied for my EAD about a month before expiry date (long story there, but the delay was due to administrative error) and it is still showing "initial review". My company has send me home till EAD is renewed - so no pay till then. I called USCIS and requested an expedited process from Texas Service Center. My question is, has any one had similar experiences? Typically how long does the process take? Does the expedite request work?

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I was in a similar situation. I opened expedite request, with the reason "Severe financial loss - Personal". Then I received email from USCIS asking for the evidence. I sent them two letters, both from my company - one is addressed to me saying I will be terminated if I don't provide them the eligibility to work in US before expiration date of the current EAD, and another one is addressed to the USCIS requesting to expedite the process. The expedite request approved in one day after I sent them the letters and got CPO email the next day.

sssbpgmgc,

Thats certainly good piece of information. I will keep my fingers crossed.

IATIAM

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Originally Posted by sssbpgmgc

I was in a similar situation. I opened expedite request, with the reason "Severe financial loss - Personal". Then I received email from USCIS asking for the evidence. I sent them two letters, both from my company - one is addressed to me saying I will be terminated if I don't provide them the eligibility to work in US before expiration date of the current EAD, and another one is addressed to the USCIS requesting to expedite the process. The expedite request approved in one day after I sent them the letters and got CPO email the next day.

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First, a quick word of thanks to the forum - because of the information available here I was able to prepare and file for AOS when the window briefly opened in 2012. (PD 4/4/10)

Now to the problem.

My EAD/AP is expiring Feb 4, 2015 and we (self, wife, two kids) applied for (the third) renewal in Oct (receipt date Oct 8, 2014).

It has been three months since and we have not heard anything yet. I've raised service requests on Dec 30, 2014 and have been told that

"Service records show your case is in line to be reviewed by an officer. We ask that you allow additional time for this process to take place since we process these cases in the order received."

I have also written to my Senators and congressman.

I last entered the country in Sep 2014 on AP. I also possess an H1-B valid until Nov 2015. I do not have a visa stamp in my passport.

The question is whether I can use the H1-B for work if the EAD renewal does not come through by Feb 4th.

I have asked two attorneys that have worked on my case over the last 7 years and they have come up with diametrically opposite opinions.

I understand that the relevant guidance is the Cronin Memo of May 16, 2000 which states, in part,

4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United
States via advance parole, the alien is accordingly in parole status. How does the
interim rule affect that alien's employment authorization?

A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's
otherwise valid and unexpired nonimmigrant employment authorization ...is not terminated by
his or her temporary departure from the United States, if prior to such departure the applicant
obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to
clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization
would not have expired, had the alien not left and returned under advance parole, the Service
will not consider a paroled adjustment applicant's failure to obtain a separate employment
authorization document to mean that the paroled adjustment applicant engaged in
unauthorized employment by working for the H-1 or L-1 employer between the date of his or
her parole and the date to be specified in the final rule.

I'd appreciate any help or guidance you can provide.

Thanks in advance.

Any updates to your situation?

spsira - welcome to the forum.

It looks like there is nothing really for you to worry here from your own employment perspective.

You have an unexpired H1B that is in good standing and you can use it. I don't understand where the confusion is coming from.

I haven't heard from Spec and Kanmani in a while .... but you may want to ping them for their opinion.

p.s. - I would believe even your spouse should be ok to work since she filed for extension and is waiting for renewal. But this one I am not entirely sure. As per yourself - I think you are 100% fine.

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Originally Posted by spsira

First, a quick word of thanks to the forum - because of the information available here I was able to prepare and file for AOS when the window briefly opened in 2012. (PD 4/4/10)

Now to the problem.

My EAD/AP is expiring Feb 4, 2015 and we (self, wife, two kids) applied for (the third) renewal in Oct (receipt date Oct 8, 2014).

It has been three months since and we have not heard anything yet. I've raised service requests on Dec 30, 2014 and have been told that

"Service records show your case is in line to be reviewed by an officer. We ask that you allow additional time for this process to take place since we process these cases in the order received."

I have also written to my Senators and congressman.

I last entered the country in Sep 2014 on AP. I also possess an H1-B valid until Nov 2015. I do not have a visa stamp in my passport.

The question is whether I can use the H1-B for work if the EAD renewal does not come through by Feb 4th.

I have asked two attorneys that have worked on my case over the last 7 years and they have come up with diametrically opposite opinions.

I understand that the relevant guidance is the Cronin Memo of May 16, 2000 which states, in part,

4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United
States via advance parole, the alien is accordingly in parole status. How does the
interim rule affect that alien's employment authorization?

A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's
otherwise valid and unexpired nonimmigrant employment authorization ...is not terminated by
his or her temporary departure from the United States, if prior to such departure the applicant
obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to
clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization
would not have expired, had the alien not left and returned under advance parole, the Service
will not consider a paroled adjustment applicant's failure to obtain a separate employment
authorization document to mean that the paroled adjustment applicant engaged in
unauthorized employment by working for the H-1 or L-1 employer between the date of his or
her parole and the date to be specified in the final rule.

I'd appreciate any help or guidance you can provide.

Thanks in advance.

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q,

Thanks for your response.

The confusion arises because I now have two attorneys saying I cannot work on H1-B and one saying I can. Admittedly, one of the negative responses came from an attorney who was not immediately aware of the memo.

On another note, how do I figure out whether this memo has been superseded? It does mention 'final rule'.

FWIW, I did learn from the third attorney that EADs are being approved in ~100 days at this time.

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Originally Posted by qesehmk

p.s. - I would believe even your spouse should be ok to work since she filed for extension and is waiting for renewal. But this one I am not entirely sure. As per yourself - I think you are 100% fine.

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Can you elaborate on this? Certainly, her employer (a state university) is not taking this approach!

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Originally Posted by spsira

First, a quick word of thanks to the forum - because of the information available here I was able to prepare and file for AOS when the window briefly opened in 2012. (PD 4/4/10)

Now to the problem.

.....

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One piece of information that is missing is, after entering the coountry on AP, did you continue to use H1 or switched to EAD ?

To switch to EAD you should have filled a form I-9 with EAD as the document authorizing you to work. If you haven't done thus switch, you are still on H1 and safe till its expiry. If you have switched, I would ask you to contact an attorney to discuss the situation.

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Originally Posted by gcq

One piece of information that is missing is, after entering the coountry on AP, did you continue to use H1 or switched to EAD ?

To switch to EAD you should have filled a form I-9 with EAD as the document authorizing you to work. If you haven't done thus switch, you are still on H1 and safe till its expiry. If you have switched, I would ask you to contact an attorney to discuss the situation.

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Agree with gcq that it makes sense to get a good attorney's point of view.

In my case, i entered last using my AP, updated my I-9 to work with EAD. When I discussed the potential situation with my attorney couple months ago, I was told that I will have to leave out of country, get the visa stamped and return.
I am currently waiting for my EAD renewal too :(.

Do keep us posted and Hope you get your approval before 4th :)

Hi
I have applied for renew of EAD/AP and my receipt notice has same date as that of you (10/08). With the help of my attorney I have raised a SR couple of weeks back and I got my EAD/AP within a week of raising the SR. If you have not yet raised SR, please do so immediately. That really helps.

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Originally Posted by Pundit Arjun

Agree with gcq that it makes sense to get a good attorney's point of view.

In my case, i entered last using my AP, updated my I-9 to work with EAD. When I discussed the potential situation with my attorney couple months ago, I was told that I will have to leave out of country, get the visa stamped and return.
I am currently waiting for my EAD renewal too :(.

Do keep us posted and Hope you get your approval before 4th :)

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A quick update on my situation for those who are waiting for EAD/AP renewals.

It appears that my congressman's office was able to get some traction with the NSC. On Friday (1/16, PM) they asked my CEO to provide a letter describing the urgency of the situation. The letter was sent to the 'concerned' officer the same evening. On Saturday morning, all cases were approved.

It's difficult to conclude whether this helped or whether the approvals would have come in anyway. Certainly, the two service requests I raised didn't achieve anything concrete.

What I can confirm is that the Congressional Liaison at NSC did respond back to the congressman's office giving details of the action taken (approval, card production, etc.).

Thanks for all the responses.

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Originally Posted by incredible

Hi
I have applied for renew of EAD/AP and my receipt notice has same date as that of you (10/08). With the help of my attorney I have raised a SR couple of weeks back and I got my EAD/AP within a week of raising the SR. If you have not yet raised SR, please do so immediately. That really helps.

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Thanks for the response, incredible.

My attorney didnt help me. They asked me to wait till 90 days before they can help me with a service request. I am changing the attorney next time....

Good news is that the Senator's office helped expedite the request and we got the approval in a day.