Looking ahead to have an infopass appt to make sure we get at least our EAD
and possibly ask about our AP that has still not been touched.

Is the 90 days from the recieved date show on the reciept or the official NOA1 date

The recieved date is 12 feb but the notice date is feb 15

It's 90 days from NOA1 date.

LaGreenEyes,

At some offices it's 90 days from the date the phot and fingerprint were done.

Yodrak

The instructions of the I-765 clearly state that the 90 days are from the receipt date. From NOA1 dates is incorrect.

I thought it was reciept also. Not sure though

I think it is 90 days from NOA. What exactly do you mean by reciept?? good luck on your processing

Again, this is incorrect.

Here are the official instructions from form I-765:

Interim EAD: an EAD issued to an eligible applicant when USCIS has failed to adjudicate an application within 90 days of receipt of a properly filed EAD application or within 30 days of a properly filed initial EAD application based on an asylum application filed on or after January 4, 1995. The interim EAD will be granted for a period not to exceed 240 days and is subject to the conditions noted on the document.

The NOA letter contains two dates -- receipt date and NOA date. Receipt date is 5-7 days ahead of the NOA date, so you'll get the interim EAD sooner than if you were to wait to start counting 90 days from the NOA date. Of course, 5-7 days are important if you have a job offer pending or need the EAD urgently for some other reason. Otherwise these dates are pretty close.

Look up the instructions yourself from this link: http://www.uscis.gov/graphics/formsfee/forms/i-765.htm

Rocio, don't be sad, check out the post above yours!!!

Ouch - I hope not here. Our biometrics is exactly 91 days past the reciept date.

I was kind of hoping we could get the interim EAD at the same time, since my wife
has a few job offers already.

If they are giving you this line, this is total BS. Print out the instruction page from I-765:

Interim EAD: an EAD issued to an eligible applicant when USCIS has failed to adjudicate an application within 90 days of receipt of a properly filed EAD application or within 30 days of a properly filed initial EAD application based on an asylum application filed on or after January 4, 1995. The interim EAD will be granted for a period not to exceed 240 days and is subject to the conditions noted on the document.
Form at http://www.uscis.gov/graphics/formsfee/forms/i-765.htm

Note: if you had an RFE, that would normally reset the clock on the 90 days.

90 days is toooooo long

kc,

That instruction was written long before the current procedure of the USCIS NBC scheduling the photo and fingerprint session. It used to be that I-765 was submitted to the local offices and the local offices would schedule an appointment to come in, do the photo and fingerprint, and make and give you the card on the spot.

In the current procedure the question arises, when is an I-765 application a "properly filed" application? Some offices, LA for one but there are others as well, consider that an I-765 is not been properly filed until the photo and fingerprint have been done.

Yodrak

Nah, this gotta be the creative interpretation by the enterprising local USCIS offices. Majority of the delays in EAD processing that I saw happen because USCIS ignores to schedule EAD biometrics for you. If they go by what you suggest and count 90 days from biometrics -- which never happens -- then you will *never* "properly file" your application.

People need to stick by the interpretation that "properly filed" means filing by the petitioner, regardless of when biometrics happen (or not), provided there's been no RFEs.

Well we could have had a date for the 12 may..but to be safe
we took an infopass appt for May 16...in case it doesnt get approved in
the next 2 weeks..that way we have it..

Still waiting on AP also...were going to try to get a note from Carlos's dad's
doctor..because he is having surgery...but in order to get a note of that
nature..according to the Dr..they have to have the director of the hospital
sign it...and hes "on vacation" so we keep waiting

Dont understand what's up with the AP..I see many people filing the same
time or after us, and they have theirs...it all went to the same darn
place..

kc,

Creative or not it's the local USCIS office, not the applicant, who decides when an interim EAD will be issued.

Yodrak