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

  1. #1
    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. #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

  3. #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

  4. #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.

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

  6. #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 ?

  7. #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

  8. #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.

  9. #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?

  10. #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

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