That is what I thought when attorney asked me. But attorney clarified that we can apply 6 months (180 days) in advance.
Originally Posted by jdoe99
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/gree...ation-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.
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.
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.
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.
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.
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"
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!
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,
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.
ok thank you!
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/gree...ergency-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.
Last edited by gcq; 02-25-2015 at 07:55 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?
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.
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!
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.
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!
They have stopped issuing temporary EAD now.
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.
Seems they stopped issuing interim EAD few years back. Just search on trackitt EAD forums.
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