I just wanted to ask you a simple question.

My EAD is still under process and the Temporary Work Authorization is expiring on 12th March. Can I continue to work? or Is it possible to get another temporary work permit till the EAD gets approved?

I read somewhere on the USCIS website that "If the EAD does not get approved within 90 days of submission, we can apply for an interim work permit".

Is there a solution for this?

Take Care,
Heuristic

When did you apply for your EAD?

I applied for EAD on Jan 6th 2007. But I had to resend some papers for birth certificate on 2nd Feb.

As far as I know, you can't keep working after your EAD expires. You have to wait until you get a new one. Since you just applied recently, I doubt if you'll get your EAD approved before your old one expires. Nowadays it is taking them almost the full 90 days or a little less to process EADs. And, with RFEs, you can never tell. I was lucky 'cos even with my RFE, I still got approved in 80 days from filing. Your RFE letter probably stated that getting an RFE could delay processing of your application. Which is why USCIS advises people to apply for EAD at least 90 or 100 days, I think, before your old one expires. Who knows, you might get lucky. Good luck.

The interim EAD referred to is no longer available.

The temp EAD you received upon entry begins on entry date and expires the same time as your I94.

The one year EAD also has a beginning and ending date.

You may experience a gap between the expiration of the temp EAD and the start date of the one year EAD.

A 'gap' in your covered employment is the same to your employer as hiring you without ever having had work authorization. The risk is largely his.

Interim EAD's are still available and are required to be issued under the applicable statute. They are just not available from the local offices, that's all. If the 90 day statutory deadline has passed and the local office has made an inquiry on your behalf, NBC is required to promptly issue an interim 240 day EAD or a one year EAD.

NBC and USCIS need to be reminded of the law that they should allow people to work after 90 days of filing. Hopefully AILF's lawsuit will knock some sense into these jerks.

Local offices also need to get their act together and stop giving conflicting information and being @#$%#@%.

mini-rant for the day...

Hello everyone,

There is some good information for everyone out there. I am K1 visa holder and my AOS, and EAD are under process. I contacted the USCIS customer service center recently, and I have confirmed information that an interim EAD can be requested for if the porcessing of EAD (I-765) by the USICS takes more than 90 days.

For this you have to meet the immigration officer at the local USCIS office and make a case for the interim EAD.

It would be nice if anyone can make a comment or confirm this information.

Bye

Yes, it would be good to have details. We went and were told they could not help us. If this is not true then I am happy to go back and be a pain.

Here are two links that might be of help:

http://www.uscis.gov/files/pressrelease/EA...gCh072806PN.pdf

http://www.uscis.gov/files/pressrelease/El...88B_081806R.pdf (read Pages 3-4, specifically pertains to issuance of Interim EADs for pending EADs which have yet to be adjudicated by day 90. However, having an RFE issued may or may not interrupt the 90-day count.)

Let me try to explain the way the process works. First, to give you some background, under 8 CFR 274a.13(d) USCIS has 90 days from the date of their receipt of the application to issue you an employment authorization (there are a few categories of immigrants to whom the 90 day rule does not apply). USCIS' failure to comply with the 90 day requirement results in the automatic grant of an employment authorization for a period not to exceed 240 days (as of October 1, 2006 USCIS' local offices no longer process interim EAD's and all such requests go through the National Benefits Center).

Now, in the event that your employment authorization application is missing required INITIAL evidence, under 8 CFR 102.2 ( B )(10) the 90-day countdown does not start until USCIS receives that evidence.

Now, if your application is missing anything OTHER than the required initial evidence or if USCIS requests ADDITIONAL evidence, then the countdown clock is simply suspended until USCIS receives such evidence.

To illustrate, if your employment authorization petition has been with USCIS for 20 days, then USCIS requests additional evidence of your eligibility, USCIS will have 70 days to finish processing the application after USCIS receives the evidence. Now, under the same scenario, if the required INITIAL evidence was missing, USCIS would have the full 90 days after you submit such initial evidence to finish processing your application.

Once again, interim EAD's are still available and are required to be issued under the applicable statute (see above). They are just not available from the local offices, that's all. If the 90 day deadline has passed and the local office has made an inquiry on your behalf, NBC is required to promptly issue an interim 240 day EAD or a one year EAD.

Don’t quit your job after the expiration of 90 days temp EAD unless you are asked by the employer.

Hello All,

I am facing a problem regarding my 1-765 form. In the eligibility section of the I-765 form we entered the code as "(a) (6)" rather than "© (9)". Will this effect the EAD processing?.

zsam,

Perhaps your attitude has something to do with people's willingness to help you.

Yodrak

Y. with all due respect zsam has been through alot with her lack of EAD. It's possible these two quotes are her venting her frustration for being denied interim benefits for over a year. I am certain many others also vent here and are curteous when dealing with employees at USCIS.

using (a) 6 will only grant you an EAD good until your I-94 expires. the ©9 is what most apply for while waiting for AOS/greencard.

heuristic,

Maybe. Did you submit the I-765 before, concurrent with, or after submitting an I-485?

Yodrak

lal_brandow,

I expect that you're right.

I also know that some, hopefully only a few, do lose their cool when visiting the USCIS office to discuss their problem. I've observed a few instances while waiting my turn for a call to the window.

Yodrak

Yodrak, I take issue with what you have said. You have never met me, you don't know me and I am not one of the angry people you have seen at USCIS.

I may be angry here but I am very courteous with the local offices and the NBC. I respectfully asked the officer that they advise us on what to do as were were going nowhere. We were treated very poorly. I would never treat people in a way that I would not want to be treated. This is not the local workers' fault and I don't want to vent my anger at them. I would never get anywhere if I had an attitude problem.

Since when was "a good attitude" become a requirement for getting an EAD anyway. As zsam says, USCIS are required to provide an interim EAD if the EAD is not processed within the 90 day limit. If they are not doing this then its not zsam's fault, presuming they have filed everything correctly.

zsam,

Point taken. I reacted to what I read. As lal_brandow subsequently pointed out to me, and you explained further in your post prior to this one, you do seem to have a frustrating situation. I'm glad to know that your venting here at VJ does not carry over to USCIS. As I wrote, I've seen people who do not have such self-control.

I've gone back and skimmed a few of your posts that I could find easily. Has your I-130 been approved yet? What happened with the cancelled AOS interview - was it really cancelled?

Depending on where the other things stand, you might want to forget about the EAD at this point or submit a new I-765 rather than continue fighting over the old one.

I think I saw you mention an attorney at one point - what legal advice or assistance have you gotten?

Yodrak

I'd be pretty irked if a year after I applied for an EAD, I still didn't have one.

If I were in your shoes, I would continue to work until my employer makes an issue. You are here legally, had authorization to work when you were hired and have applied for longer term EAD. If the employer is either unaware of the risk or willing to take it, there is no reason to make it your problem, IMO.

[quote name='Yodrak' date='Mar 20 2007, 03:56 PM' post='789270']
zsam,

Point taken. I reacted to what I read. As lal_brandow subsequently pointed out to me, and you explained further in your post prior to this one, you do seem to have a frustrating situation. I'm glad to know that your venting here at VJ does not carry over to USCIS. As I wrote, I've seen people who do not have such self-control.

I've gone back and skimmed a few of your posts that I could find easily. Has your I-130 been approved yet? What happened with the cancelled AOS interview - was it really cancelled?

Depending on where the other things stand, you might want to forget about the EAD at this point or submit a new I-765 rather than continue fighting over the old one.

I think I saw you mention an attorney at one point - what legal advice or assistance have you gotten?

Yodrak


Thanks Yodrak for understanding.

MY I-130 has not been approved and we filed first in 2005 and that also fell into a black hole. So we were advised to withdraw that petition and re-file in January 2006. Still now news. USCIS has not responded to single inquiry and we've been inquiring since last year!

AOS interview was cancelled, and we went in to make sure it was cancelled. It was indeed cancelled and at first FBI checks were not even mentioned. At first the officer was very nice and confused as she didnt knwo what was going on with our case. She then went in to ask her supervisor something, and came out of the room a completely changed person. she became rude and would not listen to us. I asked her what she would advise us to do since we have not heard anything and she said she can't do anything for us and we need to speak to missouri. I said we tried that and she said, "well they can take upto six months to get back to you." She was clearly trying to get rid of us and was so rude. We knew there was no way she'd help us. My husband has been there 3 times before w/ no luck.

Lawyer can't do anything

zsam,

I wish I had more and better suggestions for you. There is clearly a problem with your case. I guess you either wait it out, taking what solace you can from the fact that your husband is here and can stay as long as the case remains processing, or you look for a high-power lawyer and prepare to spend big bucks with the hopes that they can earn it.

Best wishes to you.

Yodrak

Hi..thanks Yodrak. there is nothing we can do. I called USCIS's 1-800 misinformation line to ask about the status of our service requests and sometimes they transfer me to an agent/officer type person. This time, the man who picked up said he can't help me and that my situation does not merit the attention of a higher authority as I have a perfectly normal wait time. He said that I should wait it out. I told him okay fine, if that's not important can we consider our EAD and "emergency"...he said no that wasn't possible and that was normal too. I told him to check with his supervisor if he wouldn't mind and he did and said our case did not merit such "escalation."

Sigh...I seem to end up with veyr unhelpful people.

Hello Everyone,

I received approval message for I-765 and the card is under production. Is this approval enough as a proof to start working or do I need the card?

I received approval for I-131 as well and received a mail containing two papers. Is this enough for traveling or do I need anything else?

Thanks to everyone for your help.

EAD: Its really up to how your employer interprets the I-9 requirements, but officially if your EAD is approved, you are legal to work, and have 90 days to show your employers the actual card to prove it.

so did you fill in the form as a(6)? have you already filed for AOS? has your I-94 expired?

I submitted the I-765 with the I-485 and now the EAD is approved. I am afraid if it is approved under (a) (6) or © (9)? I hope it is approved as a 240 day card. Kindly provide any information on this.

Take care

if it is approved under a(6) it wont make much sense since this is the EAD you would apply for prior to filing i485 (AOS). You dont have a copy of your submittance? if not, I guess you will have to wait and see.

I have a copy of the application, and couple of days prior to apporval I had called USCIS and made an official service request for the category to be changed from a (6) to c(9). I am sure they should take it into consideration before approving.

Any advice or information on this would be helpful.

heuristic,

If you submitted I-765 with I-485 then you should have used code ( c)(9). If you used (a)(6) then 1 of 2 things might happen:
- a kind case officer will correct your mistake and approve the I-765
- an unkind case officer will deny the I-765 because it was submitted under the wrong category.

Apparently you had a kind case officer.

Yodrak

Thanks a lot yodrak, for the information. I had made a service request on the phone and immediately after this the case was approved. So it make sense that it was under c (9).

Anyone else willing to share more information would be helpful.

Take care Guys

Question..I may have posed this before..but has anyone ever NOT received a response from USCIS? If you ahve received, how long has it taken?

thanks!

zsam,

I have made inquiries through the NCSC twice - got transferred to a real USCIS person and they told me they would submit inquiries. Didn't get a response to either one.

The best place to get information and action is a District or Sub office. But even there they cannot force a response from a Service Center, they can only put in a request.

Yodrak

s- i put in 4 service requests. I only received a response from one I made in October 06. They replied in March 07.

ridiculous, isn't it...

I am sure they figured it out themselves. At least it has been approved. Conngratulations!

terrific information...

I just realized that I made the same mistake on the I-785. I put a(6) instead of c(9). We called them and of course it was of no help. The first officer I spoke to said that it had to be my husband who called since he is the one the EAD is for. I had him call and they told him that their system did not show any mistake...although they wouldn't say if the code needed to be changed or not. They said if we were not happy with their response, to make an InfoPass.