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Old 05-02-2008, 03:23 PM
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Default From the Latest Murthy.com bulletin

4. Possible Multi-Year EAD/AP, I-94 Corrections, and Anticipated AC21 Regulations
The USCIS responded to questions posed by the American Immigration Lawyers Association's liaison committee and released information in April 2008 regarding a number of matters relevant to MurthyDotCom and MurthyBulletin readers. These include consideration of a multi-year Employment Authorization Document (EAD) and Advance Parole (AP) for travel, as well as the use of Form I-102 to correct I-94 cards, future N-400 filings to the Chicago Lockbox, matters relating to EB5 petitions, and other employment-based matters. There was mention of a possible regulation for the American Competitiveness in the Twenty First Century (AC21) Act.

Multi-Year EAD/AP under ReviewThe USCIS is considering extending the duration of Employment Authorization Documents (EADs) beyond one year for applicants affected by employment-based visa retrogression. As regular MurthyDotCom and the MurthyBulletin were informed in our January 17, 2008 article, New Initiative by Immigration Voice, interest groups such as AILA, Immigration Voice, and others have been arguing for multi-year EAD cards. The proposal is being considered as part of an effort toward issuance of a combination EAD/AP document.

There was no timetable established for a decision on this matter. Readers who rely upon their EAD and AP documents for work and travel are urged to renew them in a timely fashion, about 120 days before the expiration date to be safe. It is not advisable to wait for any potential changes in the regulations or policy regarding EADs and APs and risk a lapse in the ability to work or travel.

H1B or L-1 Status if Working on EAD
It is subject to interpretation whether one who holds H-1 or L-1 status and who otherwise is maintaining that status can do so while also using an EAD to work in a part-time or other position. AILA outlined a number of arguments in support of allowing the EAD work while an individual also should be considered to be holding H1B or L-1 status. The USCIS is reviewing and considering this matter.

AC21 Regulations under Revision The liaison notes made brief reference to an AC21 regulation being under revision, with publication expected in the near future. AC21 became law in October 2000 and has been interpreted through a series of Legacy INS and USCIS memos, rather than regulations. There have been previous announcements of anticipated regulations on AC21, so it is unclear whether something is finally in the offing.


Finally, we atleast have AILA and other immigration people talking about what IV said will happen. (Remember the Administrative Fixes update).

Last edited by jnraajan; 05-02-2008 at 05:39 PM.
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Old 05-02-2008, 05:29 PM
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Originally Posted by jnraajan View Post
4. Possible Multi-Year EAD/AP, I-94 Corrections, and Anticipated AC21 Regulations
The USCIS responded to questions posed by the American Immigration Lawyers Association's liaison committee and released information in April 2008 regarding a number of matters relevant to MurthyDotCom and MurthyBulletin readers. These include consideration of a multi-year Employment Authorization Document (EAD) and Advance Parole (AP) for travel, as well as the use of Form I-102 to correct I-94 cards, future N-400 filings to the Chicago Lockbox, matters relating to EB5 petitions, and other employment-based matters. There was mention of a possible regulation for the American Competitiveness in the Twenty First Century (AC21) Act.

Multi-Year EAD/AP under ReviewThe USCIS is considering extending the duration of Employment Authorization Documents (EADs) beyond one year for applicants affected by employment-based visa retrogression. As regular MurthyDotCom and the MurthyBulletin were informed in our January 17, 2008 article, New Initiative by Immigration Voice, interest groups such as AILA, Immigration Voice, and others have been arguing for multi-year EAD cards. The proposal is being considered as part of an effort toward issuance of a combination EAD/AP document.

There was no timetable established for a decision on this matter. Readers who rely upon their EAD and AP documents for work and travel are urged to renew them in a timely fashion, about 120 days before the expiration date to be safe. It is not advisable to wait for any potential changes in the regulations or policy regarding EADs and APs and risk a lapse in the ability to work or travel.

H1B or L-1 Status if Working on EAD
It is subject to interpretation whether one who holds H-1 or L-1 status and who otherwise is maintaining that status can do so while also using an EAD to work in a part-time or other position. AILA outlined a number of arguments in support of allowing the EAD work while an individual also should be considered to be holding H1B or L-1 status. The USCIS is reviewing and considering this matter.

AC21 Regulations under Revision The liaison notes made brief reference to an AC21 regulation being under revision, with publication expected in the near future. AC21 became law in October 2000 and has been interpreted through a series of Legacy INS and USCIS memos, rather than regulations. There have been previous announcements of anticipated regulations on AC21, so it is unclear whether something is finally in the offing.


Finally, we atleast have AILA and other immigration people talking about what IV said will happen. (Remember the Administrative Fixes update).
IV is getting recognition....way to go aman kapoor and other IV members !!!!!
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