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View Full Version : Now EAD & AP dates moves back!!!!!!!!!!!!


WithoutGCAmigo
06-18-2007, 11:52 AM
Can't believe this happening

Carlau
06-18-2007, 11:53 AM
Where have your read that?

jonty_11
06-18-2007, 11:55 AM
please post source...always.

WithoutGCAmigo
06-18-2007, 11:56 AM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

Where have your read that?

WithoutGCAmigo
06-18-2007, 11:57 AM
I-131 Application for Travel Document June 25, 2006
I-765 Application for Employment Authorization November 22, 2006

senthil
06-18-2007, 11:58 AM
WithoutGCAmigo is talking about processing dates ?
[ hopefully not a bad news ]

senthil
06-18-2007, 11:59 AM
WithoutGCAmigo, no panic. there are processing dates which you should be worried about after you file EAD / AP etc.

To file it goes per visa bulletin. Hope you are upto date with that.
thats the talk of the town, sorry COUNTRY now

IV memeber experts - should be on the way to throw more light / clarify

good luck

tnite
06-18-2007, 12:04 PM
WithoutGCAmigo, no panic. there are processing dates which you should be worried about after you file EAD / AP etc.

To file it goes per visa bulletin. Hope you are upto date with that.
thats the talk of the town, sorry COUNTRY now

IV memeber experts - should be on the way to throw more light / clarify

good luck


The reason the processing dates matter is because by the time USCIS gets to process our I765 and I131 the dates would have retrogressed and then what happens is a million dollar ?

WithoutGCAmigo
06-18-2007, 12:04 PM
When the EAD and AP dates processing dates are backlogged, there isn't much advantage to early filing.

WithoutGCAmigo, no panic. there are processing dates which you should be worried about after you file EAD / AP etc.

To file it goes per visa bulletin. Hope you are upto date with that.
thats the talk of the town, sorry COUNTRY now

IV memeber experts - should be on the way to throw more light / clarify

good luck

WithoutGCAmigo
06-18-2007, 12:07 PM
If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?

The reason the processing dates matter is because by the time USCIS gets to process our I765 and I131 the dates would have retrogressed and then what happens is a million dollar ?

tnite
06-18-2007, 12:08 PM
If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?


They will send your application back to you.Maybe some experts can opine on this

WithoutGCAmigo
06-18-2007, 12:12 PM
You mean the EAD and AP application?


They will send your application back to you.Maybe some experts can opine on this

java_jaggu
06-18-2007, 12:13 PM
I have a feeling that they will HAVE To process EAD's in 90 days( that's what the current rule says ) or reinstate the Interim EAD's - terminating Interim EAD seems like the dumbest move they ever made. If either of these doesn't happen, lawsuits are sure to follow. So, don't worry too much about it my friend.

bostonqa
06-18-2007, 12:14 PM
They will send your application back to you.Maybe some experts can opine on this

I'm not so sure about this.

I think if they en-cash your checks, they owe you an EAD and AP.

485 is a different story, they will hold your 485, but you should get an EAD and AP.

again your case should be entered into there system, and you should get a Case Number.

OLDMONK
06-18-2007, 12:14 PM
I am no expert here but know that most of my friends did not have priority date current but were getting EAD/AP all the time. So once filed and accepted (receipt#) I am sure you would get an EAD/AP (the first one would come quickly 2-3 months) then extentions of EAD/AP might have a different outcome.

jonty_11
06-18-2007, 12:17 PM
I think now EADs will get delayed...surely..

If its not one thing its the other....we just too many in number....God save us..

WithoutGCAmigo
06-18-2007, 12:25 PM
So again a queue to get stuck in

I think now EADs will get delayed...surely..

If its not one thing its the other....we just too many in number....God save us..

pani_6
06-18-2007, 12:31 PM
one years wait for EAD and AP..I thought they are supposed to give us EAD in 70-90 days according to some law??...

WithoutGCAmigo
06-18-2007, 12:32 PM
Not sure how it moved back so quickly..last month they were processing Feb'07 cases.

glus
06-18-2007, 12:35 PM
I don't know what's the logic behind the processing dates. How could all the dates move back so much? It does not make any sense. I wonder if we could contact someone regarding this or maybe, USCIS wants to minimize the number of queries and moved the dates back so fewer people call and ask for status?? I have no idea what's behind it.....

G

royus77
06-18-2007, 12:36 PM
Looks like USICS wants extra money for EAD and APO also ..They may come out with a Premium Processing route

tnite
06-18-2007, 12:39 PM
I485 will be the new labor (RIR and TR)

WithoutGCAmigo
06-18-2007, 12:40 PM
Do they have a rule that an interim EAD has to be issued in 90 days???

Looks like USICS wants extra money for EAD and APO also ..They may come out with a Premium Processing route

ramus
06-18-2007, 12:43 PM
I totally agree..

If to get EAD and AP going to take more then year then what is advantage of VB becoming current?



When the EAD and AP dates processing dates are backlogged, there isn't much advantage to early filing.

WithoutGCAmigo
06-18-2007, 12:43 PM
Another important question is: Will USCIS allow AC21 without an approved EAD?

chandrajp
06-18-2007, 12:45 PM
I have a feeling that they will HAVE To process EAD's in 90 days( that's what the current rule says ) or reinstate the Interim EAD's - terminating Interim EAD seems like the dumbest move they ever made. If either of these doesn't happen, lawsuits are sure to follow. So, don't worry too much about it my friend.
Please see in the USCIS web site that you have to apply 6 months in advance if you are renewing EAD. With so many I485s, EADs, APs flooding the Service centers, you need to apply the EAD now if you want to use it after 6 months from now.

anu_t
06-18-2007, 12:47 PM
:( :( Another important question is: Will USCIS allow AC21 without an approved EAD?

Why wouldn't they?:confused:

desi3933
06-18-2007, 12:48 PM
If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?

Yes, EAD and AP are issued and renewed as long as I-485 application is pending. It does NOT matter if the PD is retrogressed.

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Permanent Resident since May 2002

desi3933
06-18-2007, 12:50 PM
Another important question is: Will USCIS allow AC21 without an approved EAD?

One does NOT need EAD to use AC21. I don't understand the panic.

In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.

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Permanent Resident since May 2002

anu_t
06-18-2007, 12:52 PM
One does NOT need EAD to use AC21. I don't understand the panic.

Yeap. I am also thinking on the same line. Why this panic?I am really confused.:confused:

chandrajp
06-18-2007, 12:52 PM
Another important question is: Will USCIS allow AC21 without an approved EAD?
When you send all the relevant documents to invoke AC21, there is every possibility for the officer to check whether you have an approved EAD or not. In that case there might be a problem. I may not be correct. But to switch to a new employer, you definitely need a EAD card. I switched employers. My new employer asked for work permit(EAD in this case)

Note : Please check with your attorney, I'm just one like you and this is my experience

samrat_bhargava_vihari
06-18-2007, 12:53 PM
If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?
no

desi3933
06-18-2007, 12:56 PM
The reason the processing dates matter is because by the time USCIS gets to process our I765 and I131 the dates would have retrogressed and then what happens is a million dollar ?

What is your point, Tnite? EAD and AP can filed/issued even if the PD is retrogressed. MY PD was retrogressed after I filed I-485 and EAD and AP were issued?

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Permanent Resident since May 2002

samrat_bhargava_vihari
06-18-2007, 12:57 PM
One does NOT need EAD to use AC21. I don't understand the panic.

In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.

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Permanent Resident since May 2002

AND ONE MORE THING. THESE PROCESSING DATES ARE FOR RENEWAL APPLICATIONS. NOT FOR NEW APPLICATIONS. FROM MY EXPERIENCE I SAW FIRST TIME FILERS ARE GETTING THEM IMMEDIATELY THAN RENEWALS WHICH WERE TAKING 2-3 MONTHS.

desi3933
06-18-2007, 12:59 PM
When you send all the relevant documents to invoke AC21, there is every possibility for the officer to check whether you have an approved EAD or not. In that case there might be a problem. I may not be correct. But to switch to a new employer, you definitely need a EAD card. I switched employers. My new employer asked for work permit(EAD in this case)

Note : Please check with your attorney, I'm just one like you and this is my experience

The only thing I agree in post is that check with attorney.

EAD has nothing to do with invoking AC-21. Please do some research before posting any information. Remember GC is for the future job and not for the current job.

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Permanent Resident since May 2002

tnite
06-18-2007, 01:04 PM
What is your point, Tnite? EAD and AP can filed/issued even if the PD is retrogressed. MY PD was retrogressed after I filed I-485 and EAD and AP were issued?

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Permanent Resident since May 2002

my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.

its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.

WithoutGCAmigo
06-18-2007, 01:11 PM
So looks like only the renewal will have a delay. First-timers won't face much difficulties.


my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.

its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.

desi3933
06-18-2007, 01:16 PM
my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.

its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.

Maintaing H1 status (even during I-485) is a very good idea. One can get H1 beyond 6 years (in one year increments) if I-485 is pending.

I would apply EAD renewal after 3 months. It is a small price for peace of mind.

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Permanent Resident since May 2002

desi3933
06-18-2007, 01:17 PM
AND ONE MORE THING. THESE PROCESSING DATES ARE FOR RENEWAL APPLICATIONS. NOT FOR NEW APPLICATIONS. FROM MY EXPERIENCE I SAW FIRST TIME FILERS ARE GETTING THEM IMMEDIATELY THAN RENEWALS WHICH WERE TAKING 2-3 MONTHS.

Incorrect. It does not matter if it is initial or a renewal.

ChainReaction
06-18-2007, 01:19 PM
So looks like only the renewal will have a delay. First-timers won't face much difficulties.


It might be a problem for those people working on EAD and waiting for renewal since they can't work if the renewal does not come in time. Why does USCIS not allow grace period for people to work based on receipt , the same way it does for H1b??

gcnirvana
06-18-2007, 01:36 PM
I agree that EAD renewals will take longer than usual because of our sheer volume. And there is no interim EAD. Do you guys think its safer to be on H1B (mine is valid till 2010) rather than EAD/AP?

greencardfever
06-18-2007, 01:36 PM
If I switch jobs by doing H1B visa transfer and my new employer picks up the green card process from the EAD stage, does my new employer have to be located in the same city as the one mentioned in my PERM labor application of my current employer. The reason I ask is because my PERM application says my current job location is in Town X, State Y and I wondering if I have to stick to Town X, State Y when I find a new job or if I'm free to work anywhere in the US.

Please let me know. Thanks.

bostonqa
06-18-2007, 01:36 PM
remember folks, this will be a recurring theme for few years.

what I mean by that is, everyone who gets there EAD and AP due to this huge movement, will be applying for renewal in exactly 6 months, so there will be waves of applicants.

I'm assuming that almost all of the recent filers of 485 wont get there Green Card and hence will have to keep renewing there EAD's

it might be a smart thing to ask for less time EAD (is this possible)

so instead of asking 1Yr valid EAD, ask for 9 months EAD.
and since you can apply 6 months before expiry you will be eligible to file for EAD renewal in 3 months (when there will be less crowd)

luckylavs
06-18-2007, 01:46 PM
THis thread is confusing a lot of people. My understanding in once 1485 is pending , one can to county office get EAD card after a month. Gurus please input your comments

WithoutGCAmigo
06-18-2007, 01:48 PM
Any reference for what you wrote.

THis thread is confusing a lot of people. My understanding in once 1485 is pending , one can to county office get EAD card after a month. Gurus please input your comments

p_aluri
06-18-2007, 01:49 PM
They have stopped issuing Interim EADs.


THis thread is confusing a lot of people. My understanding in once 1485 is pending , one can to county office get EAD card after a month. Gurus please input your comments

payal_nag
06-18-2007, 01:50 PM
USCIS issues Employment Authorization Documents (EAD) in the following categories:



EAD: This document proves you are allowed to work in the United States.
Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.

If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???

java_jaggu
06-18-2007, 01:50 PM
EAD Renewal's are eligible for premium processing, so if you really need a renewed EAD to change a job, it's almost comes down to paying an extra $1000 to get it within 15 days. As far as a new EAD goes, USCIS will have to process it within 90 days. Now that they have stopped issuing Interim EAD's , if you go to to the USCIS local office after 90 days of filing the initial EAD applications, they are obligated to come back to you with an answer on why your application has still not been adjudicated. If you do a google search on interim EAD termination, you will find a couple of links about some law firms planning a class action lawsuit to dispute this. This is still not an issue because most people get their EAD's within 90 days, but you can almost bet your bottom dollar that there will be a hue and cry( read class action lawsuit ) if the first time EAD's get delayed more than 90 days because of administrative delays for reasons such as backlog.

pani_6
06-18-2007, 02:47 PM
If you have plans to travel...could you go to the local INS office and get the AP??.AP is very important too if you are travelling

indianabacklog
06-18-2007, 03:00 PM
USCIS issues Employment Authorization Documents (EAD) in the following categories:



EAD: This document proves you are allowed to work in the United States.
Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.

If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???

I actually asked about the interim EAD thing while I was at my fingerprinting appointment at the local office. They do not have the equipment any more for producing these cards. However, if your application takes more than 90 days you can go to them and they will send an email to USCIS and you should then receive one within two to three weeks. I was told that calling the 1 800 uscis number and following up when things have gone beyond 90 days should have the same effect.

I am more than a little skeptical that this would work out. Have yet to find out since my spouse's EAD has only been pending for five weeks at this point.

indianabacklog
06-18-2007, 03:02 PM
If you have plans to travel...could you go to the local INS office and get the AP??.AP is very important too if you are travelling


Simple answer is NO. The local offices do not have this authority. Just have to wait for the USCIS wheels to move along at their own pace before you can travel.

nb_des
06-18-2007, 03:27 PM
I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?

sam_hoosier
06-18-2007, 03:31 PM
I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?

Yes.

arihant
06-18-2007, 03:31 PM
I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?
She will continue on H4 status until she uses EAD (by filing I-9 with an employer when she starts working). At that point, her H4 is automatically invalid and she is then on EAD. Until then she can be on H4. Same rule applies to H1.

nb_des
06-18-2007, 03:41 PM
She will continue on H4 status until she uses EAD (by filing I-9 with an employer when she starts working). At that point, her H4 is automatically invalid and she is then on EAD. Until then she can be on H4. Same rule applies to H1.
Thanks this is useful information. Also I am planning to continue in my H1 status as per company policy they allow EAD/AP only for spouse and not the employee. In future, will I be able to file EAD/AP for myself separately or does this need to be done with 485 filing? In future if I decide to file EAD/AP can I do this myself or would I need my employer for this?

jessie1981
06-18-2007, 03:57 PM
Simple answer is NO. The local offices do not have this authority. Just have to wait for the USCIS wheels to move along at their own pace before you can travel.

This is not correct. If one can prove that his/her family member is dying or just died, he/she can get an AP from local office immediately.

desi3933
06-18-2007, 04:06 PM
I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?

There are 2 ways in which current H4 status changes to AOS Pending status:
1. By working on employment using EAD
2. The primary applicant loses H1-B status for ANY reason

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

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Permanent Resident since May 2002

miguy
06-18-2007, 04:08 PM
My wife's H4 expires on Oct 1, 2007......We plan to file our I-485 by July 16, 2007.......I am sure it will take atleast 90 days to get her EAD.....whats her status between Oct1,2007 till the time EAD gets approved?......Will she be in valid status during that period?

desi3933
06-18-2007, 04:08 PM
If you have plans to travel...could you go to the local INS office and get the AP??.AP is very important too if you are traveling.

For most cases, this is NOT an issue as they are on H1/L1/H4/L2 status while filing for I-485. They can simply travel on H1/H4/L1/L2 visa.

Not a legal advice.

desi3933
06-18-2007, 04:11 PM
My wife's H4 expires on Oct 1, 2007......We plan to file our I-485 by July 16, 2007.......I am sure it will take atleast 90 days to get her EAD.....whats her status between Oct1,2007 till the time EAD gets approved?......Will she be in valid status during that period?

She will be in AOS Pending status after Oct 1st, 2007 due to pending I-485 application. EAD does not provide any status.

What is your status? I assume H1-B. You can file for H1 and H4 extensions.

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

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Permanent Resident since May 2002

miguy
06-18-2007, 04:17 PM
She will be in AOS Pending status after Oct 1st, 2007 due to pending I-485 application. EAD does not provide any status.

What is your status? I assume H1-B. You can file for H1 and H4 extensions.

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

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Permanent Resident since May 2002


I have applied for my H1b extension back in April......Have not heard anything yet........once I get my H1b approval, can I apply for H4 extension from inside the country?? (Is that even required if you are already in AOS pending status?)

miguy
06-18-2007, 04:20 PM
Also, what forms do you need to apply for H4 extension? can you have 2 valid visas at the same time say B1/B2 and H4?

desi3933
06-18-2007, 04:21 PM
I have applied for my H1b extension back in April......Have not heard anything yet........once I get my H1b approval, can I apply for H4 extension from inside the country?? (Is that even required if you are already in AOS pending status?)

No, it not required but maintaining H1/H4 status allows person to remain in USA and apply for appeal if, for some reason, I-485 is denied. Otherwise, person is out of status from the date I-485 was denied.


See above in Blue.

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

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Permanent Resident since May 2002

desi3933
06-18-2007, 04:25 PM
Also, what forms do you need to apply for H4 extension? can you have 2 valid visas at the same time say B1/B2 and H4?

I-539 (Filing Fee $200). Application To Extend/Change Non-immigrant Status
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D

One can have more than 1 visas, but only one active status when physically present in the USA.

Exception: One may maintain H1/H4/L1/L2 status along with AOS Pending status.

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

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Permanent Resident since May 2002

priderock
06-18-2007, 04:34 PM
I totally agree..

If to get EAD and AP going to take more then year then what is advantage of VB becoming current?


At least you can get EAD in a YEAR as against Don't know.
Can use AC21 after 180 days.
You are in a queue instead of outside the gate , hoping to get in to the queue.


But I think they must (and probably will) do some thing do clear EADs sooner then a year.

miguy
06-18-2007, 04:37 PM
thanks for your replies desi3933........is there any way one one can apply for H4 extension/stamping at the consulate based on the receipt of the H1b extension filing ?

desi3933
06-18-2007, 04:41 PM
thanks for your replies desi3933........is there any way one one can apply for H4 extension/stamping at the consulate based on the receipt of the H1b extension filing ?

One needs H1 extension approval letter in order to get H4 visa at the consulate for the period mentioned in H1 extension. It does not matter if the person was on H4 status or not on the last day in US. One can be in AOS pending status and get H4 visa stamp.

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

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Permanent Resident since May 2002

chandrajp
06-18-2007, 04:44 PM
AND ONE MORE THING. THESE PROCESSING DATES ARE FOR RENEWAL APPLICATIONS. NOT FOR NEW APPLICATIONS. FROM MY EXPERIENCE I SAW FIRST TIME FILERS ARE GETTING THEM IMMEDIATELY THAN RENEWALS WHICH WERE TAKING 2-3 MONTHS.
It does not anywhere say that this timings are for renewal. I have my 3rd EAD now. Everytime, I got my EAD approved based on processing times given in the web site. I found one difference, when I filed my 1st and 2nd EADs at California, I got them in 1 month(but again based on processing times). Now the 3rd one, I got in 3 months(again based on processing times)

sangmami
06-18-2007, 05:29 PM
I am on H1 and my wife on H4. Can she apply for EAD while I do not ( I would prefer to extend my H1) after we both apply for 485?
Thanks

desi3933
06-18-2007, 05:32 PM
I am on H1 and my wife on H4. Can she apply for EAD while I do not ( I would prefer to extend my H1) after we both apply for 485?
Thanks

Yes. She will be on AOS Pending status while you can maintain H1 status.

AabTuAgaGC
06-18-2007, 06:10 PM
***Sigh*** There goes my plan of traveling this winter. :mad: :mad: Even if I file for AP this month, i don't think i will get it before an year. What is the damn use of this AP when you can't travel for one year:mad: :mad:

quizzer
06-18-2007, 06:21 PM
What heppens if i have AP and go for H1 revalidation...the h1b gets rejected/delayed..can i come back in AP?

factoryman
06-18-2007, 06:24 PM
and will revalidate your H1B, assuming the job, company everything is same. That is my best educated guess.
What heppens if i have AP and go for H1 revalidation...the h1b gets rejected/delayed..can i come back in AP?

drsnh123
06-18-2007, 07:39 PM
hello friends,
i am new to tis forum. i am a physician MD and is suppose to start job in october 2007. i would like to know whether my employer can file PERM as prospective employee now in june for job to be started in oct 2007.
i am from india and want to make the best use of our PDS being current. thanks in advance for answering

fcres
06-19-2007, 12:39 AM
One does NOT need EAD to use AC21. I don't understand the panic.

In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.

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Permanent Resident since May 2002

If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?

I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?

nshalady
06-19-2007, 02:02 AM
You dont need an EAD, if you still have valid H1. AC21 has nothing to do with EAD. However, if your H1 is expiring soon, and you have already used up 6 years of H1, you would need an EAD, because H1 extension beyond 6 years is available only for people who cant file I485 because of retrogression.
-Niranjan

If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?

I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?

desi3933
06-19-2007, 08:16 AM
You dont need an EAD, if you still have valid H1.
Correct

AC21 has nothing to do with EAD.
Correct.

However, if your H1 is expiring soon, and you have already used up 6 years of H1, you would need an EAD, because H1 extension beyond 6 years is available only for people who cant file I485 because of retrogression.
Incorrect.
If I-485 is pending then 1 year H1 extension beyond 6 years
Otherwise 3 years extension

-Niranjan

See above in Blue.

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Permanent Resident since May 2002

desi3933
06-19-2007, 08:17 AM
If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?

I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?

Your lawyer seems to be incorrect on this. You may want to consider getting second opinion.

AC-21 can be invoked on H1 as well as on EAD. Your choice.

Many times, joining second employer is relatively easy on EAD as it involves no H1 filing (less paperwork), but using EAD requires one to travel ONLY on AP.

Using H1 is more peace of mind. If for some reason I-485 is denied, one can in US (and work too) until H1 status expiry date and handle appeal more effectively.

Hope it helps.

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Permanent Resident since May 2002

waiting4gc02
06-19-2007, 09:24 AM
Guys:
Just checked the AP and EAD dates are back within the 90 day limit at all centers.

No Panic..!!!!

bobzibub
06-19-2007, 10:11 AM
i-140 EB3 in Nebraska is now October 3rd.
I've seen it Jan 03, jan 06, and now Oct 3rd 06.
Which happens to be my PD. = )

AabTuAgaGC
06-19-2007, 10:49 AM
Guys:
Just checked the AP and EAD dates are back within the 90 day limit at all centers.

No Panic..!!!!

Wohoo!!!!!!!!:D :D :D

anu_t
06-19-2007, 11:14 AM
Your lawyer seems to be incorrect on this. You may want to consider getting second opinion.

AC-21 can be invoked on H1 as well as on EAD. Your choice.

Many times, joining second employer is relatively easy on EAD as it involves no H1 filing (less paperwork), but using EAD requires one to travel ONLY on AP.

Using H1 is more peace of mind. If for some reason I-485 is denied, one can in US (and work too) until H1 status expiry date and handle appeal more effectively.

Hope it helps.

----------------------------------
Permanent Resident since May 2002



Nice information. Could you tell me what precautions I have to take now while filing my 485 if if I have intended to use AC21.
Like what documents I need that time? Do I need 140 copy that time too?
Again thank you very much for your responce.

desi3933
06-19-2007, 11:22 AM
Nice information. Could you tell me what precautions I have to take now while filing my 485 if if I have intended to use AC21.

Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.

Like what documents I need that time?
New Employment Verification Letter from new current (or future) employer and letter to USCIS notifying that you are invoking AC-21.

Do I need 140 copy that time too?
Not Needed, but nice to have.

Again thank you very much for your response.
You are welcome. Good Luck.


See above in Blue.

Please verify details with your lawyer/attorney. This is NOT a legal advice.
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Permanent Resident since May 2002

fcres
06-19-2007, 11:29 AM
Your lawyer seems to be incorrect on this. You may want to consider getting second opinion.

AC-21 can be invoked on H1 as well as on EAD. Your choice.

Many times, joining second employer is relatively easy on EAD as it involves no H1 filing (less paperwork), but using EAD requires one to travel ONLY on AP.

Using H1 is more peace of mind. If for some reason I-485 is denied, one can in US (and work too) until H1 status expiry date and handle appeal more effectively.

Hope it helps.

----------------------------------
Permanent Resident since May 2002

Thank you for this information.

I still have about 2.2yrs left on my 9th yr 3yr H1 extension. So if i don't need EAD when i use AC21 do i just file AC21 or do i need to transfer H1 too? And i guess this means even after i invoke AC21 i will still be on H1 status which is what i prefer.
Also is there any CIS links stating we don't need EAD to invoke AC21 so i can talk to my lawyer?

WithoutGCAmigo
06-19-2007, 11:29 AM
The dates came back to normal...What a relief!!!!!:) :) :) :)

indio0617
06-19-2007, 11:35 AM
The dates came back to normal...What a relief!!!!!:) :) :) :)


You might want to change the thread heading, just to dispel some anxiety.
Thanks.

saurav_4096
06-19-2007, 11:41 AM
See above in Blue.

Nice information. Could you tell me what precautions I have to take now while filing my 485 if if I have intended to use AC21.

Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.
[/COLOR]

How does AC-21 will come into play if one files I-485 from previous employer. Previous empoyer will give letter that employment will start by the time GC is issued.
At the time I-485 is filed, I am working with new employer. Is it mandatory to join the previous employer at least for 180 days.

arihant
06-19-2007, 11:46 AM
Wohoo!!!!!!!!:D :D :D

Double Woohoo!!!!!! :D :D :D :D :D :D

Can now hope to visit the family this year!