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  #16 (permalink)  
Old 04-25-2012, 09:28 PM
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Default Thank you and more inputs

Thank you all and Pappu for your responses. I agree there could be chances for misuse, atleast they should make the renewal process simple and faster may be get it renewed by just going to a local Field office and with a longer validity. Particularly for people like me in EB3, I have already renewed it like 5 times and it's a time consuming process and the 90 days or sometimes even more wait time is a much worrying part.

Quote:
Originally Posted by pappu View Post
It will be misused . Nothing can be indefinite. With every renewal USCIS should be checking the applicant current status, employment and other things.
When thinking of ideas, think like a USCIS policy maker who not only thinks about the law, relief etc... But also thinks how the end user will misuse it and how it can be avoided.
Vbkris. Have not read your post. When I get time, will read and comment. But thank you for always being proactive. It was due to your proactive work along with ashipwin that we saw a big relief to several people in the community that were able to file I485 due to forward date movement in the early quarters.
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  #17 (permalink)  
Old 04-26-2012, 04:54 AM
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Quote:
Originally Posted by sanhari View Post
Thank you all and Pappu for your responses. I agree there could be chances for misuse, atleast they should make the renewal process simple and faster may be get it renewed by just going to a local Field office and with a longer validity. Particularly for people like me in EB3, I have already renewed it like 5 times and it's a time consuming process and the 90 days or sometimes even more wait time is a much worrying part.
If one goes to the local office and renews, the expectation will be to get it done in an hour or so as a service. How would you address concerns of background check, national security, if the employer is non existing now , the person is misusing it, the applicant is no longer working, or not working in his profession, or the company has withdrawn the application, or the company is a red flagged company for fraud and so Many other things. While the wait is painful to us for sinple EAD processing, as a policy maker these concerns are valid and should be addressed while changing any rule. So always think from the perspective of the other side of the table while analyzing flaws in the system. It helps make a solid case and arguement for any reform.
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  #18 (permalink)  
Old 04-26-2012, 05:41 AM
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Quote:
Originally Posted by pappu View Post
If one goes to the local office and renews, the expectation will be to get it done in an hour or so as a service. How would you address concerns of background check, national security, if the employer is non existing now , the person is misusing it, the applicant is no longer working, or not working in his profession, or the company has withdrawn the application, or the company is a red flagged company for fraud and so Many other things. While the wait is painful to us for sinple EAD processing, as a policy maker these concerns are valid and should be addressed while changing any rule. So always think from the perspective of the other side of the table while analyzing flaws in the system. It helps make a solid case and arguement for any reform.
I agree with what you are saying Pappu. However, given the fact that there is negligible numbers of rejections for EAD renewals they could be persuaded to permit continuation of employement without any interuption while they process just like somebody would be extending an H1b, so long as the application for renewal/extension has been filed within the specified time. I have seen friends really agonize over the uncertainity of not hearing back anything regarding their applications for EAD renewal. Potentially many could be layed off if the EAD does not arrive in time. Mostly folks who have chosen to work using EAD rather than H1b are those who would benefit from this. This is a simple thing and I believe this is something within the limits of the USCIS to approve since the delay is usually at their end.
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  #19 (permalink)  
Old 04-26-2012, 05:52 AM
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Quote:
Originally Posted by gfor_gc View Post
Pappu,
One fundamental aspect you are missing from your discussion is EAD is a derivative benefit of a pending I-485. It is not like H1. The only requirement to issue EAD is a pending I-485. All the other concerns you mentioned will be reviewed at I-140/I-485 approval/pre-adjuducation. Even if situations change, it will affect the I-485 directly. So adjudicator issuing EAD doesn't have to look for lot of things as far as EAD goes.

Also wondering why are we discussing so many other issues and status quo, have we lost hopes on HR 3012 ?
Whether anything is a derivative benefit or not there is no way they can/will allow for an indefinite period for any employment authorizing document. The investigation might be very minimal as you said, however, even the green card has renewal periods. If they would permit continous employment while an application for renewal is pending then we should be fine. It is also in their interest to make sure the applicant is able to maintain continous employment since the 485 itself is for a continuous permanent position and not hiring-firing-rehiring. They do process applications faster if you explain your position but it is a real pain. My friend had to take an appointment and carry letters from the HR and also one from the representative. He really spent sleepless nights but fortunately got it about 1-2 day prior to the expiry date.
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  #20 (permalink)  
Old 04-26-2012, 11:02 AM
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Quote:
Originally Posted by gfor_gc View Post
Completely agree. indefinite EAD is not practical. Allowing employment while EAD application is pending is probably the best we can hope for. It is a chicken and egg situation in regards to EAD vs having a valid employment to keep I-485 valid and thus issue an EAD based on that.
How about premium processing for EAD and AP? Of course we loose money but the gain is peace. I am suggesting premium processing as additional not as substitute for continuation of employment while EAD application pending.
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  #21 (permalink)  
Old 04-26-2012, 11:33 AM
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Default EAD based on pending 485 - no employer verification required

Thank you for your response Pappu. Per my knowledge to renew an EAD all they need to verify is whether you have an active 485 application pending with USCIS, nothing else. I do renew EAD for my spouse every year, though it's not used so far, therefore there is no need for them to verify employment or other related things. This should be a fairly simple and quick process.

Quote:
Originally Posted by pappu View Post
If one goes to the local office and renews, the expectation will be to get it done in an hour or so as a service. How would you address concerns of background check, national security, if the employer is non existing now , the person is misusing it, the applicant is no longer working, or not working in his profession, or the company has withdrawn the application, or the company is a red flagged company for fraud and so Many other things. While the wait is painful to us for sinple EAD processing, as a policy maker these concerns are valid and should be addressed while changing any rule. So always think from the perspective of the other side of the table while analyzing flaws in the system. It helps make a solid case and arguement for any reform.
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  #22 (permalink)  
Old 04-27-2012, 12:04 AM
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Default

485 Application submission should be similar to H1B Applications filing....If the quota of 65 K is full, no more filing for that year. Few may not like this idea......., but it would help all the Eb3I kind of candidates who have filed & waiting for a decade.No filing... No limbo confused state of mind.
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  #23 (permalink)  
Old 04-27-2012, 07:09 AM
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Default Here is the stat

Quote:
Originally Posted by Svee View Post
485 Application submission should be similar to H1B Applications filing....If the quota of 65 K is full, no more filing for that year. Few may not like this idea......., but it would help all the Eb3I kind of candidates who have filed & waiting for a decade.No filing... No limbo confused state of mind.
Currently there are more than 1M applications filed in all categories.. I rest my case..
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  #24 (permalink)  
Old 04-27-2012, 09:04 AM
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Default great ideas

I don't know how relevent/possible this is. How about elminating EAD / AP renewal fees for pre July / August 2007 filers? After the new fee structure, it is a one time fee for I-485 and no fee for EAD & AP whereas, the old timers still paying renewal fees. With the current outlook, some one in 2005/2006 EB3 category may need to renew his EAD/AP for atleast 5-6 times and that is lot of money.
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  #25 (permalink)  
Old 04-27-2012, 10:24 AM
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Default

Quote:
Originally Posted by puding View Post
I don't know how relevent/possible this is. How about elminating EAD / AP renewal fees for pre July / August 2007 filers? After the new fee structure, it is a one time fee for I-485 and no fee for EAD & AP whereas, the old timers still paying renewal fees. With the current outlook, some one in 2005/2006 EB3 category may need to renew his EAD/AP for atleast 5-6 times and that is lot of money.
Filing fees is not a lot of money. Only lawyer fees is a lot. If one is smart and educated, they can file themselves.
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  #26 (permalink)  
Old 04-27-2012, 01:12 PM
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For a family of 3, the application fee alone is $2200 once every 2 years. I feel this is still a lot.
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  #27 (permalink)  
Old 04-27-2012, 01:24 PM
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Default

Quote:
Originally Posted by puding View Post
I don't know how relevent/possible this is. How about elminating EAD / AP renewal fees for pre July / August 2007 filers? After the new fee structure, it is a one time fee for I-485 and no fee for EAD & AP whereas, the old timers still paying renewal fees. With the current outlook, some one in 2005/2006 EB3 category may need to renew his EAD/AP for atleast 5-6 times and that is lot of money.
I agree, pre July / August 2007 filers will be paying renewal fees forever. If pre July / August 2007 filer has crossed certain threshold, they should be eligible for fee EAD and AP renewal.
Not sure if it is possible or not to pursue USCIS for this.
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  #28 (permalink)  
Old 04-27-2012, 01:41 PM
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Default I am sympathetic

Quote:
Originally Posted by Madhuri View Post
I agree, pre July / August 2007 filers will be paying renewal fees forever. If pre July / August 2007 filer has crossed certain threshold, they should be eligible for fee EAD and AP renewal.
Not sure if it is possible or not to pursue USCIS for this.
Quote:
Originally Posted by puding View Post
I don't know how relevent/possible this is. How about elminating EAD / AP renewal fees for pre July / August 2007 filers? After the new fee structure, it is a one time fee for I-485 and no fee for EAD & AP whereas, the old timers still paying renewal fees. With the current outlook, some one in 2005/2006 EB3 category may need to renew his EAD/AP for atleast 5-6 times and that is lot of money.
I am sympathetic . But my recommendations are towards process improvements. I will let IV core make a decision on how they want to proceed with this request.
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