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Attorney_22

EADs

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My husband passed away in 2016 in USA.
Our I-485 is pending . We both were working on our EAD's. I have my Green Card EAD and Advance Parole till 09/2018.

As per the situation, I sent a 204 (L) letter to USCIS . I tracked the letter and got to know  USCIS received it. If USCIS had an issue they would have got back to me . As I did not receive any response from USCIS, I am good.


I am planning to visit India this year(2017).
I wanted to know if it is safe to travel to India.I am planning to return in 3 weeks .
As the primary applicant is no more and it is through my husband that the Green Card was filed ,I wanted to know if traveling to India and returning is safe ?
Please let me know your thoughts .

Please let me know if you need any other additional information to answer the above question.

Edited by Priya0331
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On 1/24/2017 at 9:07 AM, Attorney_22 said:
On 1/20/2017 at 5:54 AM, nileshb71 said:

I read on some other forums that the EAD renewals are now taking longer than 120 days.

I filed for my  EAD renewal in begining of Dec-2016, just about 120 days prior to my EAD expiry date. My current status is AOS Pending.

Q1) Are there procedures available to speed up the EAD renewal process as the EAD expiry date nears?

The EAD renewal application recommends filing for the renewal application 90 to 120 before the expiry.

Q2) Do you recommend filing for renewal earlier than 120 days? Would I get an early renewal if I had submitted my renewal application earlier than 120 days before expiry? Would applications be rejected if filed earlier?  

Q3) I hear that there are some new regulations that allow continuing to work for your employer past the EAD expiry date. Can you elabortate / clarify on such pertaining regulations?

 

Thanks,

Nilesh.

 

After seventy-five days you can place a service request with USCIS. Additionally, you can make an expedite request if it appears the EAD will not be adjudicated in time. On January 17, 2017, a new rule went into effect that grants an automatic extension of EAD work authorization for 180 days past the expiration of an expiring EAD when the EAD is based on a pending I-485, and the extension application was filed on or after January 17, 2017.  

 

Attorney 22,

 

Are you sure about the extension application being filed on or after Jan 17 2017, please verify.  It is my understanding that the fact sheet says something different.

"Employees with a timely filed EAD application that is still pending may qualify for the 180-day automatic extension, even if that application was filed prior to the effective date of this rule (Jan. 17, 2017). Eligibility for the automatic extension depends on these requirements:"

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Hi,

   I have a H4 EAD that is valid till December 2017. Recently my husband got his H1B extension till 2019. Can I apply for a H4 EAD extension right now or should I wait till I reach the 120 days window.

      Do you recommend filing for renewal earlier than 120 days? Would I get an early renewal if I had submitted my renewal application earlier than 120 days before expiry? Would applications be rejected if filed earlier?  

 

Thanks and Regards,

Shivrami.

Edited by shivrami
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On 2/3/2017 at 0:09 PM, anandindra said:

Attorney 22,

 

Are you sure about the extension application being filed on or after Jan 17 2017, please verify.  It is my understanding that the fact sheet says something different.

"Employees with a timely filed EAD application that is still pending may qualify for the 180-day automatic extension, even if that application was filed prior to the effective date of this rule (Jan. 17, 2017). Eligibility for the automatic extension depends on these requirements:"

As of January 30, 2017, USCIS guidance changed. USCIS now advises an automatic extension for timely filed extension applications on the basis of a pending AOS.  

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On 2/3/2017 at 4:38 PM, shivrami said:

Hi,

   I have a H4 EAD that is valid till December 2017. Recently my husband got his H1B extension till 2019. Can I apply for a H4 EAD extension right now or should I wait till I reach the 120 days window.

      Do you recommend filing for renewal earlier than 120 days? Would I get an early renewal if I had submitted my renewal application earlier than 120 days before expiry? Would applications be rejected if filed earlier?  

 

Thanks and Regards,

Shivrami.

It is now possible to file an EAD extension application within 180 days of the current EAD's expiration. I advise filing as early as possible. 

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On 2/7/2017 at 8:10 AM, Attorney_22 said:

It is now possible to file an EAD extension application within 180 days of the current EAD's expiration. I advise filing as early as possible. 

Hi,

    Thank you for replying to my query. You advised me to file as early as possible.  As of today i.e. Feb-02-107 , I am not in 180 days window yet.  Do you want me to file now or shall I wait till I fall into 180 days window.

Secondly, what happens if I file for an extension now, will it going to be in waiting mode or will they upfront reject the request and how will that affect my current EAD...?

 

Thanks and Regards,

Shivrami.

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Hi,

i have h4 EAD approved for next 2 years till may,2019, based on my husband's approved h1 and I140. His i140 was approved in 2011.

Now, he is planning to change his employer from current employer a to employer b.

(1) when employer a revokes his 140 application, will my EAD be revoked or can I continue working as usual.

His h1 is not extended through ac21.

Thank you so much for your time and response in this matter.

regards

jo

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Based upon my current h4 ead based employment, employer filed my GC with first step on PWD (prevailing wage determination) in dec 2016. According to timeline it might take 3-4 months for pwd to get issued, after that it will be concurrent filing of I140-I485 since my priority date is current. So, while i am in process of getting GC if H4 EAD gets revoked atleast before 140 gets approved, would my GC gets stuck?

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On 2/10/2017 at 11:10 AM, mitgc said:

Based upon my current h4 ead based employment, employer filed my GC with first step on PWD (prevailing wage determination) in dec 2016. According to timeline it might take 3-4 months for pwd to get issued, after that it will be concurrent filing of I140-I485 since my priority date is current. So, while i am in process of getting GC if H4 EAD gets revoked atleast before 140 gets approved, would my GC gets stuck?

can you please let me know

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