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EAD new rule effective January 17, 2017

Question: I am on EAD/Advance Parole. My actual underlying category is EB2 India. I am on EAD from 2012. I had EAD three times before. I gave for EAD renewal exactly 120 days in advance at the Dallas Service center. Previously I received my EAD within 90 days. I am on 105th day and still didn’t receive my EAD. Contacted USCIS on 95th day and did the service request but they told they are working on it. Also contacted congressman for it last Friday. Do you know how long will it take for me and my wife to get the EAD? Also is there anything I can do about it?

Answer: Under the new EB Modernization Rule effective from January 17th, 2017, a person with timely filed EAD request, receipt of Form I-765 can be used to continue work and USCIS has now pushed the processing times of such EADs to 180 days. The I-9 form, November 14, 2016 version has been updated to reflect this. However, the USCIS in one of their teleconferences stated that this would apply to filings after January 17th, 2017. The dates of your filing leave you unprotected to take advantage of the new rule, so at this time, you will just have to await the processing of your pending EAD.

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