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SAVE your Time - New Rule for EAD after March 2015

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  • SAVE your Time - New Rule for EAD after March 2015


    New Rules by USCIS after March 2015 - They accept I-765 on conditional approval with new petitions.

    In other words, applicant waiting for Differed action can apply even today,

    If you apply for EAD after u get your letter for Deferred action then it will tae more 60-90 days issuing EAD.

    and if USCIS has your application for EAD on differed action ready then you will get your EAD within 1-2 week after u get your letter.

    you can save time to get EAD.

    USCIS has just started reviewing pending petitions but they might stop by April ( as they did last year )

    so, in that case they can review petitions filed up to September 2014 and issue Deferred actions.

  • #2
    Can you explain about it in detail?


    Thank you for information you have provided. Can you post your time line? It will be helpfull for us to understand the new rule/proposal you are talking about.

    I haven't applied for I-765 whith my application but my dependents did? What I shall do?


    • #3
      New Guidence for EAD

      This is not proposal, this is guidance from USCIS to all u visa applicant
      Under the new guidance, Starting March 17, 2015 - USCIS advises that applicants submit two Applications for Employment Authorization (I-765) with any U visa petition. The first application would give the U visa petitioner work authorization for two years under the deferred action status. The second application would give work authorization to the U visa petitioner for the duration of the U visa, once a U visa becomes available.

      The Vermont Service Center (which handles all U visa applications) has started issuing 2 year work authorization to any eligible U visa petitioner who includes an I-765 application (Application for Employment Authorization) with their U visa petition.


      • #4
        When u submit the EAD application

        Because of the conditional grant system we recommend that principals submit work authorization applications under category (c)(14) when they file the initial I-918 U visa application. This should ensure that VSC issues a work permit upon conditional approval. Clearly note in red letters in the cover letter to the application package that the I-765 form is for the principal and is being submitted in the (c)(14) category; request that VSC issue an Employment Authorization Document (EAD) upon conditional approval. This approach may save the applicant several months of additional time between receiving the conditional approval notice and obtaining their EAD.

        Principal applicants only need to include one I-765 Application in the (c)(14) category.

        Derivative applicants should submit two I-765 Applications in conjunction with the initial filing: one in (c)(14) category (for issuance of an EAD upon conditional approval) and one in A(20) category (for issuance of the EAD upon issuance of the U-nonimmigrant status approval).

        Applicants on the waitlist are placed into Deferred Action (DA) status and are eligible for employment authorization pursuant to 8 CFR 274a.12(c)(14). The applications are filed in the (c)(14) category and a showing of economic necessity is required by regulation. There is a filing fee associated with the Employment Authorization Document (EAD) application; however, a fee waiver is available.


        • #5
          If applying for employment authorization after conditional approval include:

          ● Cover Letter
          ● State clearly in red letters that the I-765 application is based upon deferred action (c)(14), that the applicant’s case has been conditionally approved, and that you are requesting a fee waiver.
          ● I-765 forms
          ● Two passport style photographs for each applicant
          ● Copy of conditional approval letter
          ● Copy of birth certificate, identity page of passport, or other identification.
          ● Evidence of Economic Necessity/Fee Waiver Request


          • #6
            U visa AP

            can I apply Advance Parole with EAD too so I can leave the country and come back?Thanks


            • #7

              Originally posted by Unregistered View Post
              can I apply Advance Parole with EAD too so I can leave the country and come back?Thanks
              No, U can travel only if u have any other valid visa or else noooo.. U dont want to jeopardy ur U visa status.


              • #8
                It seems to be the case, there is a good practice pointer on the matter at We will update you soon!
                Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

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