Employment Authorization Document (EAD)

[nbk1976]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

It's called the Yates Memo published May 12, 2005: http://www.uscis.gov/sites/default/f...ntrm051205.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.c...mployment.6206

[lozolneo]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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

Thanks Q, Good to know.

[gammaray]

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.