What Happens When 90 Days Passes & Still No EAD?

[AlHayatZween 2]

Hi...

this week we're fast approaching 90 days and still no EAD...

we filed all our documents at the same time, and so far, no RFE.

we called for a service request, but it doesn't seem to have meant anything. what can we do?

do we need to make an infopass to request an expedite? one time i called USCIS and the woman said it was possible to get an interim (once we officially passed 90 days).

any advice is helpful. has anyone successfully requested and received an expedite?

thanks for your help,

hz

[YuAndDan 153]

You can try an info pass appointment and ask about it, they may see about expediting it.

[AlHayatZween 2]

Thanks...

Was wondering if i could do it over the phone. Last week i called and the woman mentioned doing it over the phone... but you know how USCIS is... every time you talk to someone different, they give you different info.

[YuAndDan 153]

Thanks...

Was wondering if i could do it over the phone. Last week i called and the woman mentioned doing it over the phone... but you know how USCIS is... every time you talk to someone different, they give you different info.

You can try calling the Mis-information line about it.

[DI&JR 1]

We called on Dec. 8, as it had been over 90 days; the man we spoke to said he would put in a service request for an interim card (?) which would only be good for 240 days (??).

On Dec. 12 and Dec. 18, received emails that card production had been ordered; on Dec. 23, an email stating that employment authorization was approved; received the card on December 24, it is good for a full year.

[jundp 191]

When we'd reached 90 days we made an infopass appointment. Got the email about the card the very same day

[KHPerfectMatch 1]

Those of you that got "temp" card had you had your biometric appt. during the 90 days??? Any other action during those 90 days? We're going on 60 days here pretty soon with NOTHING since the first notice stating they rec'd our packet...

Thanks for any info...

[Old Dominion 26]

Should be in the mail to you by now. USCIS is required to provide EAD within 90 days of applying...unless there is some reason not to grant one. Calling USCIS can help, but so often you don't get an accurate answer.

[symbiosis 0]

Ok, Rookie question here: If we get temporary work permit at POE (that's called EAD, right?), then it takes the better part of a year before AOS is completed (according to timelines for our local office), what happens between expiration of temporary permit and issuance of permanent green card?

Also, what's "infopass"?

Sorry, I feel like a bit of an expert on the process up to getting the K-1 visa, but now I'm lost all over again.

[AlHayatZween 2]

Should be in the mail to you by now. USCIS is required to provide EAD within 90 days of applying...unless there is some reason not to grant one. Calling USCIS can help, but so often you don't get an accurate answer.

Hi,

Thanks everyone for the input.

Nope, unfortunately still no card yet... no nothing actually... We've put in two service requests, one at 78 days and the other at 92 days...

We have an infopass tomorrow, so i really hope we get something resolved! i'm really getting worried!

[Kathryn41 3,205]

Ok, Rookie question here: If we get temporary work permit at POE (that's called EAD, right?), then it takes the better part of a year before AOS is completed (according to timelines for our local office), what happens between expiration of temporary permit and issuance of permanent green card?

Also, what's "infopass"?

Sorry, I feel like a bit of an expert on the process up to getting the K-1 visa, but now I'm lost all over again.

Welcome to the next stage of the process!

If you are able to fly into JFK you can request an Employment authorization stamp to be placed in your passport. There are very few POEs that do this anymore. They will also give you a card called an I-94 that is stapled into your passport. This card will have a date written on it 90 days after your arrival date. That is how long the I-94 is valid for and you must get married within those 90 days. IF you get the employment authorization at your POE, you are allowed to work for as long as the I-94 is valid but you need to get your Social Security number first and that generally takes several weeks.

After you get married you file to adjust your status from a non-immigrant K-1 to a permanent resident by filing an I-485 form. Along with this form you can also file (I believe it is an I-768 but don't quote me on the number because it was several years ago since I did it!) a form to receive an Employment Authorization Document (EAD) which is a card good for one year from issuance. You will very likely have a time between when the I-94 expires and you receive the EAD (which takes about 90 days to process) so if you were working you would have to stop for this time period. Once you receive the EAD you are allowed to work until your green card is approved or one year - which ever comes first. If your AOS (green card) is taking a long time to process (mine took nearly 2 years) you can apply for a renewal of the EAD. The fee for the AOS, EAD and Advance Parole (form I-131) is all covered together as are renewal applications.

An infopass is an appointment you can make with the local USCIS office servicing your part of the country. You meet with an actual immigration officer who (hopefully) answers your questions or solves your problem. It is good to remember that when you call the Help Line ('affectionately' known as the Mis-Information Line) you are not speaking to immigration staff but to Call Center people hired to read off from scripts so you often get a lot of wrong information. You can ask to have your call forwarded to an immigration officer but sometimes you have to push to have that happen. An Infopass provides you with the opportunity to speak directly with an immigration officer in person. You would make an appointment through the http://www.uscis.gov website. The option is on the right hand side.

Hope this helps. Good luck on your AOS journey.

Edited December 29, 2008 by Kathryn41

[symbiosis 0]

Yes Kathryn, very thorough explanation. Thank you for taking the time!

[JeremyR 8]

Hi,

Thanks everyone for the input.

Nope, unfortunately still no card yet... no nothing actually... We've put in two service requests, one at 78 days and the other at 92 days...

We have an infopass tomorrow, so i really hope we get something resolved! i'm really getting worried!

Hi,

Did you find that the Infopass appointment helped? I'm in virtually the same situation as yourself with my EAD (119 days sat on a shelf at MSC and counting!). I have a service request that they're supposedly going to get back to me on by Jan 5th but I'm not expecting that to come to much . Beyond that, an Infopass appt in Atlanta is the last throw of the dice before we 'pull a congressional' on them to try and kick them into action. I'd be very interested to know if you found the appointment helped or if they just said the same thing as the USCIS call center script readers...

Thanks

[AlHayatZween 2]

Hi,

Did you find that the Infopass appointment helped? I'm in virtually the same situation as yourself with my EAD (119 days sat on a shelf at MSC and counting!). I have a service request that they're supposedly going to get back to me on by Jan 5th but I'm not expecting that to come to much . Beyond that, an Infopass appt in Atlanta is the last throw of the dice before we 'pull a congressional' on them to try and kick them into action. I'd be very interested to know if you found the appointment helped or if they just said the same thing as the USCIS call center script readers...

Thanks

Hi Jeremy!

We went to the infopass, and we left very disappointed.

But a day or so later, i received an e-mail from CRIS saying that our EAD card production had been ordered...! And we got approved for our AP. Still no EAD in hand, and i won't be satisfied until it is, but at the very least it looks like our case might be moving again.

So yes, try the infopass. Explain that you are way over 90 days, and you need to apply for an interim EAD. Also, do a search in the Sept Filers folder for the Ombudsman website. If you've made service requests, an infopass, and still no EAD, you can contact the Ombudsman's office and supposedly they can help. We haven't done that yet, but some filers have. 119 days is too, too much!

Good luck to you! Let us know how it works out!

[JeremyR 8]

Thanks for your reply. I just tried to make an InfoPass appointment and surprise, surprise "there are no information appointments available for the office in your area" <deep, heavy, totally fed up sigh>.

Thank you so much for suggesting the Ombudsman though, I'll be taking this up with them and my local Congressman's office (who have been helpful to me in the past). Like you said, 119 days is just too long.