Saturday, January 5, 2013

Using the EAD As An Option For Employment - Part 1

Many people seem to be wondering whether they should work based on their employment authorization documents (EADs). This dilemma is likely tied to the large number of individuals who were able to file adjustment of status applications (I-485s) in late 2011 or early 2012.

For these individuals, the option of employment using an EAD is a recent development.

Background: Cutoff Date Retrogression and Fluctuation

There was rapid advancement of the EB2 India and China cutoff dates from December 2011 through April 2012. Thereafter, for most such applicants, visa numbers have been unavailable due to a phenomenon known as retrogression.

As of this writing, the cutoff date for EB2 India has retrogressed - or moved backwards - to a cutoff date of September 1, 2004, valid during the months of October and November 2012. EB2 China has less extreme retrogression, with a cutoff date of September 1, 2007 during the month of November 2012.

The end result is many I-485 applicants who expect to have to wait for a long time before their cases become eligible for approval, since approval is contingent upon the availability of visa numbers. This same group of I-485 applicants is eligible for the issuance of EADs, based on pending I-485 cases.

Most applicants routinely request EADs with I-485 filings. Many have their EADs in hand, therefore, and are wondering about the possibility of using those privileges, rather than extending H1B or L-1 or other nonimmigrant status.

Continue To Part 2:

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