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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 07-21-2007, 08:17 PM
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lsuk is on a distinguished road
Default Let's push EAD for more than 1 year!

EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
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  #2 (permalink)  
Old 07-21-2007, 09:17 PM
Senior Member
Priority Date
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Nov-05
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EB2
I140 Mailed Date
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03/10/2006
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India
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06/30/2007
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I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.
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  #3 (permalink)  
Old 07-21-2007, 09:41 PM
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Default

Quote:
Originally Posted by masterji
I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.
The general consensus is that only using an EAD invalidates H1.
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  #4 (permalink)  
Old 07-21-2007, 09:48 PM
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Priority Date
:
Jun-02
Category
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EB3
I140 Mailed Date
:
08/04/2003
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:
India
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I485 Mailed Date
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Default

Quote:
Originally Posted by lsuk
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,

We have been already working on this. Please see:

http://www.dhs.gov/xlibrary/assets/C...D_03-20-06.pdf

On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".

This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods—in cases where it is likely that re-issuance of the EAD will be necessary—requires USCIS to perform redundant adjudications.

Thanks for your help!
__________________
_________________________________________
Priority Date : Jun-02
I-485 applied : Oct-03
Status : Waiting for name check since Jun-04
Recd green card in June 2007
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  #5 (permalink)  
Old 07-21-2007, 09:57 PM
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GCKarma is on a distinguished road
Default

With 485 pending more than 180 days 140 approved ..not using EAD i use ac21 to change job on h1.....in that scenario can i get h1-b extension after six years?...if so for how many years?
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  #6 (permalink)  
Old 07-21-2007, 11:24 PM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
09/10/2006
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:
Czech Republic
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lsuk is on a distinguished road
Default

GCKarma,
You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.
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  #7 (permalink)  
Old 07-22-2007, 02:17 AM
Member
Priority Date
:
Apr-06
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I140 Mailed Date
:
11/01/2006
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India
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:
06/14/2007
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raamskl has a spectacular aura about raamskl has a spectacular aura about raamskl has a spectacular aura about
Default H4 and EAD.

Hi,

What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.

I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?
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  #8 (permalink)  
Old 07-22-2007, 01:28 PM
Member
Priority Date
:
Apr-06
Category
:
EB3
I140 Mailed Date
:
11/01/2006
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:
India
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:
I-485
I485 Mailed Date
:
06/14/2007
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Join Date: Jan 2007
Posts: 43
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Default

Quote:
Originally Posted by raamskl
Hi,

What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.

I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?
Would anyone know?,, bumping up.

Thank you.
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  #9 (permalink)  
Old 07-22-2007, 02:22 PM
Senior Member
Priority Date
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Jul-06
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I140 Mailed Date
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Join Date: Feb 2007
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Default

Quote:
Originally Posted by lsuk
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.
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  #10 (permalink)  
Old 07-22-2007, 03:25 PM
Member
Priority Date
:
Nov-03
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I140 Mailed Date
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Processing Stage
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Labor Certification
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Join Date: Jun 2007
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Default Irrelavant post for the thread

Think before you post. People look into the threads based on the heading and your post which is irrelavant to the original post doesn't make any sense. May be look for the appropriate thread and post in there.

Quote:
Originally Posted by masterji
I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.
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  #11 (permalink)  
Old 07-22-2007, 09:04 PM
Senior Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
01/01/2007
Chargeability
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India
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I485 Mailed Date
:
07/02/2007
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Default Waldenpond, this question is for you.

Quote:
Originally Posted by WaldenPond
Hi Suk,

We have been already working on this. Please see:

http://www.dhs.gov/xlibrary/assets/C...D_03-20-06.pdf

On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".

This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods—in cases where it is likely that re-issuance of the EAD will be necessary—requires USCIS to perform redundant adjudications.

Thanks for your help!

Walden pond, is there anyway we can do a rigorous push for this. Is there something that we can do about it. Also, after this letter to USCIS, was there any response from their end...thanks for your time, btw, congratulations on receiving your green card. You really deserve it and trust me, every single soul in IV is happy for you.
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #12 (permalink)  
Old 07-22-2007, 10:38 PM
Senior Member
Priority Date
:
Apr-04
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I140 Mailed Date
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:
United Kingdom
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:
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06/01/2007
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Let's push to achieve IV action items first!

Have you sent your 4 cards and the YouTube video?
__________________
Northern California State Chapter

Got Green but still working at IV
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