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  • Anyone heard from Missouri lately? for I-485/I-130

    Hello everyone,

    JUst want to compare notes, I filed for marriage-based AOS with Denver in march, 2004, it was forwarded to MSC. In June 2004 I got an RFE for missing my foreign Birth Certificate.

    In late August, 2004, I got my EAD approved from MSC. Since then, nothing. Has anyone heard from MSC lately, with or without RFE?

    Thanks much,

    zz

  • #2
    Hello everyone,

    JUst want to compare notes, I filed for marriage-based AOS with Denver in march, 2004, it was forwarded to MSC. In June 2004 I got an RFE for missing my foreign Birth Certificate.

    In late August, 2004, I got my EAD approved from MSC. Since then, nothing. Has anyone heard from MSC lately, with or without RFE?

    Thanks much,

    zz

    Comment


    • #3
      zz i also submited the I-130 and I-485 package to detroit and was sent after that to MSC.
      I am still waiting for my EAD application to be approved

      Comment


      • #4
        I have a very specific question. I already have my second interim and it will expire. My NOA for the EAD is march 15. Can i go to the local INS office and receive another interim EAD or i will be sent home and force to quit my present job.

        Comment


        • #5
          in short! YES! you can get your EAD renewed... Make an infopass with the Mt. Elliot street Detroit office!

          Comment


          • #6
            judy you mean that i will have to pay for the EAD renewal ? if i do pay it will they give me a 1 year ead card ?

            Comment


            • #7
              An interim EAD can be granted for a maximum of 240 days. If the 240 days have elapsed then another interim EAD will not be issued.

              However, USCIS does have the ability to extend the initial EAD to be valid for more than a year. Assuming your EAD is eventually processed in a timely manner, it will not necessarily expire one year from when you applied.

              See the July 30th Federal Register announcement.

              [Federal Register: July 30, 2004 (Volume 69, Number 146)]
              [Rules and Regulations]
              [Page 45555-45557]
              From the Federal Register Online via GPO Access [wais.access.gpo.gov]
              [DOCID:fr30jy04-1]


              ========================================================================
              Rules and Regulations
              Federal Register
              ________________________________________________________________________

              This section of the FEDERAL REGISTER contains regulatory documents
              having general applicability and legal effect, most of which are keyed
              to and codified in the Code of Federal Regulations, which is published
              under 50 titles pursuant to 44 U.S.C. 1510.

              The Code of Federal Regulations is sold by the Superintendent of Documents.
              Prices of new books are listed in the first FEDERAL REGISTER issue of each
              week.

              ========================================================================



              [[Page 45555]]



              DEPARTMENT OF HOMELAND SECURITY

              8 CFR Part 274a

              [BCIS No. 2152-01]
              RIN 1615-AA63


              Employment Authorization Documents

              AGENCY: Bureau of Citizenship and Immigration Services, DHS.

              ACTION: Interim rule with request for comments.

              -----------------------------------------------------------------------

              SUMMARY: This interim rule amends Bureau of Citizenship and Immigration
              Services (BCIS) regulations governing issuance of Employment
              Authorization Documents (EADs). Through this rule, BCIS will now
              establish EAD validity periods based on certain criteria, including:
              The applicant's immigration status; general processing time for the
              underlying application or petition; required background checks and
              response times for background checks by other agencies, as necessary;
              other security considerations and factors as deemed appropriate by
              BCIS. BCIS will have discretion to modify EAD validity periods both for
              initial, renewal, and replacement cards. BCIS also will be able to
              establish EAD validity periods for classes of aliens and for
              individuals within those classes whose cases warrant a lesser validity
              period. The rule also removes current regulatory language limiting EAD
              validity periods to one-year increments for certain classes of aliens
              who are required to apply for employment authorization. Finally, the
              rule amends BCIS regulations to reflect that BCIS will issue EADs to
              aliens granted asylum by the Department of Justice, Executive Office of
              Immigration Review (EOIR), with validity periods of up to five years,
              unless otherwise appropriate.

              DATES: Effective date: This rule is effective July 30, 2004.
              Comment date: Written comments must be submitted on or before
              September 28, 2004.

              ADDRESSES: Please submit written comments to the Director, Regulations
              and Forms Services Division, Department of Homeland Security, 425 I
              Street, NW., Room 4034, Washington, DC 20536. To ensure proper
              handling, please reference BCIS No. 2152-01 in your correspondence. You
              may also submit comments electronically at: rfs.regs@dhs.gov. When
              submitting comments electronically, you must include CIS No. 2152-01 in
              the subject box. Comments are available for public inspection at the
              above address by calling (202) 514-3291 to arrange for an appointment.

              FOR FURTHER INFORMATION CONTACT: Jonathan Mills, Residence and Status
              Services, Office of Program and Regulations Development, Bureau of
              Citizenship and Immigration Services, Department of Homeland Security,
              425 ``I'' Street, NW., ULLICO Building, Third Floor, Washington, DC
              20536, telephone (202) 514-4754.

              SUPPLEMENTARY INFORMATION:

              Who Is Affected by This Rule?

              This interim rule affects aliens who are required to apply for
              employment authorization or, if employment authorized incident to
              immigration status, to apply for evidence of employment authorization.
              This interim rule also affects aliens who have been granted asylum by
              EOIR and wish to obtain evidence of employment authorization.

              What Are the Current Requirements for EAD Issuance?

              Under 8 CFR 274a.12(a), certain aliens are authorized employment
              incident to their immigration status (e.g., lawful permanent residents,
              lawful temporary residents, parolees, aliens in Temporary Protected
              Status, etc.). Such aliens are eligible to work in the United States
              regardless of whether they receive an EAD. However, these aliens must
              apply to BCIS to receive an EAD evidencing their employment
              authorization. Under 8 CFR 274a.12(c), certain aliens are required to
              apply for employment authorization before they may begin to work in the
              U.S. (e.g., students seeking to perform optical practical training,
              aliens with pending applications for adjustment of status, etc.). Such
              aliens must apply to BCIS to receive an EAD authorizing them to work in
              the United States, as well as evidencing the fact that they are
              employment authorized.
              With limited exceptions, most classes of aliens who are employment
              authorized under 8 CFR 274a.12(a) or 274a.12(c) are required to apply
              for employment authorization using the Form I-765, Application for
              Employment Authorization. If BCIS approves the Form I-765, it will
              issue an EAD. For certain categories, the current regulations
              specifically limit the EAD validity period to one-year increments. In
              all other instances, and with limited exceptions, BCIS through policy
              has set EAD validity periods at one year.

              Why Is BCIS Removing the Current Regulatory and Policy Limitations on
              EAD Validity Periods?

              These regulatory and policy limitations often require an alien
              whose underlying status is longer than one year, or whose underlying
              application will remain pending with BCIS for longer than one year, to
              apply for renewal of the EAD every year, creating a burden on the
              applicant and an additional workload for BCIS. This rule gives BCIS the
              discretion and flexibility to modify EAD validity periods for initial,
              renewal, and replacement cards. BCIS also will establish EAD validity
              periods for classes of aliens and will preserve the discretion to
              establish validity periods of varying lengths for individuals within
              those classes whose cases warrant a lesser validity period. BCIS will
              issue field guidance to ensure that adjudicators use standard criteria
              when exercising their discretion in establishing EAD validity periods.
              For aliens who are employment authorized incident to status, BCIS
              does not contemplate issuing employment authorization documents that
              would expire only upon expiration of the alien's status. BCIS must
              reserve the right to periodically expire such documents and, where
              appropriate, issue new cards. This will allow BCIS to address any
              security concerns and to ensure the integrity of the EADs process by
              preventing fraud or misuse of such documents. BCIS intends to review
              all classes of aliens who are employment authorized to determine a
              general validity period for each class. For example, currently BCIS
              issues

              [[Page 45556]]

              permanent resident cards (Form I-551) with ten-year validity periods.
              Similarly, BCIS intends to issue EADs to asylees with a validity period
              of five years, unless otherwise appropriate. An expiration date on the
              card reflects only that the card must be renewed, not that the bearer's
              work authorization has expired.

              What Does This Rule Implement?

              This interim rule amends 8 CFR 274a.12(a) and (c) to eliminate
              provisions in the regulations that provide a maximum validity period
              for certain EADs. This rule also amends 8 CFR 274a.12(a)(5) to reflect
              that BCIS will issue initial EADs to aliens granted asylum by the EOIR
              with validity periods of up to five years, unless otherwise
              appropriate.

              Good Cause Exception

              The Department of Homeland Security (DHS) has determined that good
              cause exists under 5 U.S.C. 553(b)(B) and (d)(3) to make this rule
              effective July 30, 2004, for the following reasons: BCIS is modifying
              the regulations at 8 CFR 274a.12(a)(5) and 274a.13(a) to facilitate
              BCIS' immediate compliance with its statutory obligation under the
              Enhanced Border Security and Visa Entry Reform Act (``Border Security
              Act''), Pub. L. 107-173, 116 Stat. 543, 556-57; 8 U.S.C. 1158(c)(1)(B),
              which became effective in May 2002. The Border Security Act requires
              BCIS to provide asylees with initial evidence of employment
              authorization. BCIS also is removing the regulatory limitations on
              certain classes of one-year maximum validity periods to allow BCIS to
              set more flexible EAD periods. In certain instances, BCIS will be able
              to set validity periods for longer than one year, thereby benefiting
              the aliens and reducing BCIS workload associated with yearly EAD
              issuance. The delay in the implementation of this interim rule for
              consideration of public comments prior to the effective date of the
              rule will serve only to increase the current backlog of EAD
              applications. Accordingly, DHS finds that it would be impracticable and
              contrary to the public interest to delay the implementation of this
              rule to allow the prior notice and comment period normally required
              under 5 U.S.C. 553(b)(B) and(d)(3). DHS nevertheless invites written
              comments on this interim rule and will consider any timely comments in
              preparing a final rule.

              Regulatory Flexibility Act

              This rule will have a positive significant economic impact on a
              substantial number of small businesses described in the Regulatory
              Flexibility Act at 5 U.S.C. 605.
              With this rule, DHS addresses security concerns and improves BCIS
              efficiency by giving BCIS more flexibility in determining the
              appropriate validity period for EADs. Due to security concerns, DHS
              does not wish to have EADs issued with a validity period that is
              significantly longer than the immigration status or processing time of
              the application that the EAD is based upon. However, the validity
              period needs to be long enough to significantly lessen the burden
              created by the filing, adjudication, and issuance of EAD renewals.
              Removing this burden will allow BCIS to better focus its policy and
              resources upon improving the security and integrity of EADs and the
              security, integrity, and efficiency of BCIS application processes.
              In accordance with the President's long-term goal of a standard
              BCIS application processing time of six months, this rule is forward-
              looking, giving BCIS the flexibility to lessen the validity period of
              affected EADs as BCIS processing times make progress toward and then
              reach the President's goal.
              Considering all of these factors, DHS believes that a flexible
              validity period established by policy and taking into account security
              considerations, application processing times, and other factors is more
              appropriate than the inflexible validity periods contained in the
              regulatory provisions in place prior to this interim rule.
              This change will decrease costs for affected applicants in so far
              as they will be required to pay the $175 filing fee for the I-765,
              Application for Employment Authorization, in order to renew their EAD
              less frequently or, in some situations, not at all.

              Unfunded Mandates Reform Act of 1995

              This rule will not result in the expenditure by State, local, and
              tribal governments, in the aggregate, or by the private sector, of $100
              million or more in any one year, and will not significantly or uniquely
              affect small governments. Therefore, no actions were deemed necessary
              under the provisions of the Unfunded Mandates Reform Act of 1995.

              Small Business Regulatory Enforcement Fairness Act of 1996

              This rule is not a major rule as defined by section 804 of the
              Small Business Regulatory Enforcement Act of 1996. This rule will not
              result in an annual effect on the economy of $100 million or more; a
              major increase in costs or prices; or significant adverse effects on
              competition, employment, investment, productivity, innovation, or on
              the ability of United States-based companies to compete with foreign-
              based companies in domestic and export markets.

              Executive Order 12866

              This rule is considered by DHS to be an economically significant
              regulatory action under Executive Order 12866, section 3(f), Regulatory
              Planning and Review.
              Obtaining and then presenting an EAD to an employer is how many
              aliens verify their identity and employment authorization as required
              by Form I-9, Employment Eligibility Verification. To obtain an EAD, an
              applicant must submit a Form I-765, Application for Employment
              Authorization Document, to the appropriate BCIS service center or
              district office, along with a $175 fee or request for a fee waiver. The
              fee is necessary to comply with Public Law 100-459, which requires BCIS
              to prescribe and collect fees to recover the full cost of processing
              immigration and naturalization applications, petitions, and associated
              support benefits. An applicant who cannot afford to pay the fee may
              submit a fee waiver request by following the instructions in 8 CFR
              103.7(c). Therefore, the cost of filing each EAD renewal application is
              approximately $175.
              This regulation removes regulatory provisions limiting the validity
              period for some EADs. At present, BCIS receives more than 950,000 Form
              I-765 applications for EAD renewal per year. The removal of the
              regulatory provisions limiting EADs to no more than one year of
              validity will have no effect by itself. However, there would be an
              economically significant benefit stemming from the projected BCIS
              policy change to a process where the validity period of these and
              certain other EAD categories are established based on based upon
              security concerns, the underlying application or status, and other
              appropriate factors.
              This policy change would reduce the number of Form I-765
              applications for EAD renewal in the future. BCIS cannot yet estimate
              the magnitude of this reduction because the policy change is still
              under development. However, BCIS does plan to compensate for the lack
              of a yearly EAD renewal application from affected aliens by ensuring
              that certain security and background checks are generally completed
              prior to issuance of EAD that is valid for more than one year.

              [[Page 45557]]

              Executive Order 13132

              This rule will not have substantial direct effects on the States,
              on the relationship between the National Government and the States, or
              on the distribution of power and responsibilities among the various
              levels of government. Therefore, in accordance with section 6 of
              Executive Order 13132, it is determined that this rule does not have
              sufficient federalism implications to warrant the preparation of a
              federalism summary impact statement.

              Executive Order 12988 Civil Justice Reform

              This rule meets the applicable standards set forth in sections 3(a)
              and 3(b)(2) of Executive Order 12988.

              Paperwork Reduction Act

              Under the Paperwork Reduction Act of 1995, Public Law 104-13, all
              departments are required to submit to the Office of Management and
              Budget (OMB), for review and approval, any reporting or recordkeeping
              requirements inherent in a final rule. This rule does not impose any
              new reporting or recordkeeping requirements under the Paperwork
              Reduction Act. However, as previously stated under Executive Order
              12866, the DHS anticipates that as a result of this regulation there
              will be a reduction in the number of Form I-765 submissions.
              Accordingly, BCIS has submitted the Paperwork Reduction Change
              Worksheet (OMB-83C) to the OMB reflecting the reduction in burden hours
              for Form I-765 and the OMB has approved the changes.

              List of Subjects in 8 CFR Part 274a

              Administrative practice and procedure, Aliens, Employment,
              Penalties, Reporting and recordkeeping requirements.

              0
              Accordingly, part 274a of chapter I of title 8 of the Code of Federal
              Regulations is amended as follows:

              PART 274a--CONTROL OF EMPLOYMENT OF ALIENS

              0
              1. The authority citation for part 274a continues to read as follows:

              Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2.


              0
              2. Section 274a.12 is amended by:
              0
              a. Revising the introductory text of paragraph (a);
              0
              b. Revising paragraph (a)(5);
              0
              c. Removing the last sentence in paragraph (a)(15);
              0
              d. Revising paragraph (c);
              0
              e. Removing the second sentence in paragraph (c)(9);
              0
              f. Removing the last sentence in paragraph (c)(10);
              0
              g. Removing the last sentence in paragraph (c)(16);
              0
              h. Removing the last sentence in paragraph (c)(20);
              0
              i. Removing the last sentence in paragraph (c)(24);

              0
              The revisions read as follows:


              Sec. 274a.12 Classes of aliens authorized to accept employment.

              * * * * *
              (a) Aliens authorized incident to status. Pursuant to the statutory
              or regulatory reference cited, the following classes of aliens are
              authorized to be employed in the United States without restrictions as
              to location or type of employment as a condition of their admission or
              subsequent change to one of the indicated classes. Any alien who is
              within a class of aliens described in paragraphs (a)(3), (a)(4),
              (a)(6)-(8), or (a)(10)-(16) of this section, and who seeks to be
              employed in the United States, must apply to the Bureau of Citizenship
              and Immigration Services (BCIS) for a document evidencing such
              employment. BCIS may, in its discretion, determine the validity period
              assigned to any document issued evidencing an alien's authorization to
              work in the United States.
              * * * * *
              (5) An alien granted asylum under section 208 of the Act for the
              period of time in that status, as evidenced by an employment
              authorization document, issued by BCIS to the alien. An expiration date
              on the employment authorization document issued by BCIS reflects only
              that the document must be renewed, and not that the bearer's work
              authorization has expired. Evidence of employment authorization shall
              be granted in increments not exceeding 5 years for the period of time
              the alien remains in that status.
              * * * * *
              (c) Aliens who must apply for employment authorization. An alien
              within a class of aliens described in this section must apply for work
              authorization. If authorized, such an alien may accept employment
              subject to any restrictions stated in the regulations or cited on the
              employment authorization document. BCIS, in its discretion, may
              establish a specific validity period for an employment authorization
              document, which may include any period when an administrative appeal or
              judicial review of an application or petition is pending.

              Dated: July 20, 2004.
              Tom Ridge,
              Secretary of Homeland Security.
              [FR Doc. 04-16938 Filed 7-29-04; 8:45 am]

              BILLING CODE 4410-10-P

              Comment


              • #8
                I applied for AOS not K-1 or other visa. I know that the fiancee visa people get 2 year ead cards and the people who applied for AOS through marriage while in the US get only 1 year if they get lucky. My NOA is march 15th and it is really upseting me cause i am going to loose my job.

                Comment


                • #9
                  I have no idea what you are talking about. Anyone that is a K1 visa holder gets married and adjusts status the same as you. There is no difference. I think you are confusing issues here. There is no 2 year EAD for "fiancee visa people". A person who is already in the US on another visa and then marries a USC and adjusts status is in the same position as a K1 person who arrives in the US, gets married, and adjusts status.

                  As I said previously (and has been supported in the Federal Register announcement), it is as the discretion of USCIS as to how long they will grant your EAD for. I have not heard of EADs taking a year to process. What are the processing times showing?

                  Comment


                  • #10
                    AS you and others know marriage based AOS are sent to MSC and my NOA is march 15 and i am still waiting for a decision i called the 1-800 number they told me they would put an inquiry and i never heard from them. From the last time i checked they were looking at NOA for EAD 25th 2004

                    Comment



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