HR5982 EAD clause

[helpme140]

Hello -

The new rule being discussed has a clause whereby I-485 pending AOS applicants for EAD renewal shall get an automatic extension on the EAD provided they file in the same category as the previous EAD, they apply for renewal in a timely manner and the renewal is pending for more than 90 days.

Is there anyway this rule might be enacted retroactively for an applicant who applies for renewal before Jan 2017 and then the renewal is pending for more than 90 days some time in Feb 2017? I have a similar case and would like to clarify if I shall be eligible for this benefit should the scenario arise in my case.

Please let me know.

Thanks!

[helpme140]

anyone please?

[helpme140]

anyone please?

[pontevecchio]

Could you point to the proposed rule?

[helpme140]

https://www.murthy.com/2016/11/23/overview-of-final-regulation-for-high-skilled-workers/

On this link - I am referring to the point under --- EAD Adjudication and Automatic Extension for up to 180 Days

[pontevecchio]

Firstly you cannot expect retrospective application of these rules. It is very likely one needs to wait for end January to see if the republicans are on board with the ideas enshrined in these rules. All matters regarding Immigration need a wait and watch approach and any conclusions drawn may not be realistic.

[JoeF]

Generally, rules are not enacted retroactively. From https://en.wikipedia.org/wiki/Ex_post_facto_law#United_States

" In administrative law, federal agencies may apply their rules retroactively if Congress has authorized them to; otherwise, retroactive application is generally prohibited. Retroactive application of regulations is disfavored by the courts for several reasons. The courts uphold retroactive regulation where Congress has expressly granted such retroactive power to the agency"

[helpme140]

Thanks for your inputs JoeF and Pontevecchio.