meridiani.planum
06-27 01:42 PM
Hi All
Just came accross the following information as posted by the uscis latest newsletter...
If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.
source: Latest USCIS Monthly Newsletter
Link available via www.immigration-law.com
Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???
can you please put a question mark at the end of the line when your subject is a question instead of a statement? Looking at this link I thought USCIS came out with some new regulation!
replacement EADs are always issued for the term of the original EAD, so this is no news. If you lose your current one year EAD, and file a new one, its expiry will be same as this one. If you lose a 2 year EAD, its replacement will be granted with the same expiry as the old one, so 2 years.
Just came accross the following information as posted by the uscis latest newsletter...
If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.
source: Latest USCIS Monthly Newsletter
Link available via www.immigration-law.com
Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???
can you please put a question mark at the end of the line when your subject is a question instead of a statement? Looking at this link I thought USCIS came out with some new regulation!
replacement EADs are always issued for the term of the original EAD, so this is no news. If you lose your current one year EAD, and file a new one, its expiry will be same as this one. If you lose a 2 year EAD, its replacement will be granted with the same expiry as the old one, so 2 years.
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hebron
10-11 06:56 PM
That�s what exactly I am trying to find here. Since I am not USC or GC, would they take my complain seriously and I want to remain anonymous. Is it possible?
Yes, They will take you seriously. Just complain to DOL.
Yes, They will take you seriously. Just complain to DOL.
smisachu
12-09 06:43 PM
PhD in Business from an accredited US institution; currently working as Asst Prof.
I guess there is no way to port till I graduate then. :mad:
I guess there is no way to port till I graduate then. :mad:
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tcsonly
07-16 03:47 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.
-C.
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.
-C.
more...
overseas
08-21 04:22 PM
I further checked with my companies attorney and also called USCIS and understood that I need to file EAD and AP with Texas service center as I live in Massachusetts.
I did paper filing and sent my application today.
I did paper filing and sent my application today.
sdrblr
08-22 04:31 PM
I believe there are very few left before April 1st 2004. EB2 I was stuck at April 1st 2004 for a long time and never moved from that date (excluding 2-3 times for a month or two when2006 people got approved). There will be lot of people from first half of 2004.
more...
vban2007
06-07 02:21 PM
Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.
IF� THEN �
Your petition
receipt number
begins with
�WAC�
Send supporting documentation to:
California Service Center
Attn: E-Filed I-765
P.O. Box 10 765
Laguna Niguel, CA 92607-0765
Your petition
receipt number
begins with �LIN�
Send supporting documentation to:
Nebraska Service Center
Attn: E-Filed I-765
PO Box 87373
Lincoln, NE 68501-7373
Your petition
receipt number
begins with �SRC�
Send supporting documentation to:
Texas Service Center
Attn: E-Filed I-765
P.O. Box 852401
Mesquite, TX 75185-2401
Your petition
receipt number
begins with �EAC�
Send supporting documentation to:
Vermont Service Center
Attn: E-Filed I-765
75 Lower Welden Street
St. Albans, VT 054790001
IF� THEN �
Your petition
receipt number
begins with
�WAC�
Send supporting documentation to:
California Service Center
Attn: E-Filed I-765
P.O. Box 10 765
Laguna Niguel, CA 92607-0765
Your petition
receipt number
begins with �LIN�
Send supporting documentation to:
Nebraska Service Center
Attn: E-Filed I-765
PO Box 87373
Lincoln, NE 68501-7373
Your petition
receipt number
begins with �SRC�
Send supporting documentation to:
Texas Service Center
Attn: E-Filed I-765
P.O. Box 852401
Mesquite, TX 75185-2401
Your petition
receipt number
begins with �EAC�
Send supporting documentation to:
Vermont Service Center
Attn: E-Filed I-765
75 Lower Welden Street
St. Albans, VT 054790001
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tinamatthew
07-23 10:45 AM
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. AC21 is very specific = 180 days not less. So even with a letter from the employer, IF i-485 has not been pending 180 days, you cannot induce AC21 If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)
Confirm with the co lawyer also. Yes, you are right. Always confirm advice with a lawyer
Hope this helps
Confirm with the co lawyer also. Yes, you are right. Always confirm advice with a lawyer
Hope this helps
more...
satyachowdary
06-02 08:25 AM
Hi atlgc,
I don't know the email id of NSC center, please google it and you should find it.
Regards,
Satya
I don't know the email id of NSC center, please google it and you should find it.
Regards,
Satya
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bugmenot
12-05 02:48 PM
i think neither will increase, the economy is belly up
though i feel lots of h1bs will go unused coz of lack of jobs to fill em up
2010 is when maybe this might happen
though i feel lots of h1bs will go unused coz of lack of jobs to fill em up
2010 is when maybe this might happen
more...
bluekayal
10-20 03:31 PM
I could have written this! I too am flummoxed by seeing this on my e-filed AP application. I think its pre-decision activity but I could be wrong. Anyone?
Last week I e-filed my AP (I-131) renewal and sent documents to TSC. Soft LUD today, it is in "Testing and Interview� stage.
Is this stage generally expected for renewal of AP? I am not sure why the online message says "request for appointment reschedule" although my application is to renew AP.
Did any one go through this process before? pls share your experience.
Here is the status from the website
Testing and Interview
We have received your request to have your appointment rescheduled. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail if the appointment is rescheduled, when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
Last week I e-filed my AP (I-131) renewal and sent documents to TSC. Soft LUD today, it is in "Testing and Interview� stage.
Is this stage generally expected for renewal of AP? I am not sure why the online message says "request for appointment reschedule" although my application is to renew AP.
Did any one go through this process before? pls share your experience.
Here is the status from the website
Testing and Interview
We have received your request to have your appointment rescheduled. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail if the appointment is rescheduled, when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
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kanyewest
04-22 11:39 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
more...
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jnayar2006
05-29 12:43 PM
I have the same question and I am sure there are several others who have the same questions. If I understand this correctly,
1. The application can be filed 120 days before the expiry date. (based on webm's reply).
2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
Thanks for any help.
1. The application can be filed 120 days before the expiry date. (based on webm's reply).
2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
Thanks for any help.
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dealsnet
01-05 08:16 AM
If your extension paper come with I-94 attached, take it and staple it on your passport. (That is your new I-94). White paper need to keep in safe place. If it is expired, no value for it.
Hello:
I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.
Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.
Thanks.
Hello:
I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.
Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.
Thanks.
more...
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BharatPremi
12-05 04:13 PM
at Saturday's Meet and Greet in Texas..
Please bring a farewell poetry to share..
Thanks needhelp.
Please bring a farewell poetry to share..
Thanks needhelp.
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Saralayar
05-21 07:59 PM
Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
Is it 120 business days or just week days?
Is it 120 business days or just week days?
more...
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venky08
09-25 09:50 AM
this is a good find! they need to have 3 year extensions on EAD
They have been talking about this since 2004 - http://www.murthy.com/news/n_extead.html - but nobody has done anything about it as far as I know.
They have been talking about this since 2004 - http://www.murthy.com/news/n_extead.html - but nobody has done anything about it as far as I know.
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yetanotherguyinline
10-16 12:56 PM
Me and my wife used AP at SF airport couple of months ago. The process was very smooth and IOs know exactly what to do with this document. However you will be sent to secondary and you will have to wait there for around 30 minutes (sounds like normal process everywhere else too).
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zico123
04-20 01:39 PM
As per Lawyer need to file for amendment before EAD expires. Need I-20 from Kaplan and another application fee ($190) + PP fee($1,000). :( But at least H1 is approved :)
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
Googler
07-18 10:13 PM
Hi Googler,
Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -
Clockwork,
The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.
I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.
Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -
Clockwork,
The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.
I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.
sunny1000
01-06 05:47 PM
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
Texas Workforce Commission - Unemployment Benefits Services (http://www.twc.state.tx.us/ui/uiclaim.html)
Disclaimer: I don't live in Texas and above link was from a google search. Talk to an attorney to see if it will affect your GC process, before applying.
Texas Workforce Commission - Unemployment Benefits Services (http://www.twc.state.tx.us/ui/uiclaim.html)
Disclaimer: I don't live in Texas and above link was from a google search. Talk to an attorney to see if it will affect your GC process, before applying.
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