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Go Back   ImmigrationPortal Forums > Immigrant Visas (Green Cards) > I-485 Issues > I-485 Issues Common to All Services Centers > Employment Authorizations (EAD) and Advance Parole

Employment Authorizations (EAD) and Advance Parole Please visit our FAQ to see if your question has been already answered there: http://immigration.com/faq/advanceparole.html

View Poll Results: Should USCIS reconsider the new NO interim rule?
Yes 137 87.26%
No 14 8.92%
I Don't know? 6 3.82%
Voters: 157. You may not vote on this poll

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  #1  
Old 7th January 2007, 02:21 AM
hossamny hossamny is offline
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Life Without Interim Ead(vote)

Hi guys, as we all know, USCIS stopped issiung interim EAD at the local offices, its not like it use to be before. that change in rules came quite but the impact could be huge on all of us.As it was for me.
lets start a thread for all of us who went to the local office(AFTER 90 DAYS) using INFOPASS appointment and was told( sorry, we are unable to help you to get an interim today)
I will start with my own Experience. also you can vote at the top
-----------------------------
I-485,I-130 RD 06/21/2006
I-765 RD 07/04/2006
FP 07/25/06
RFE 08/15/2006(I-485)
RFE 12/11/2006(I-765)!! after 5 month
I-765 APPROVED 01/05/2007(6 MONTH WITHOUT INTERIM)

Last edited by hossamny; 7th January 2007 at 03:12 AM.
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  #2  
Old 7th January 2007, 02:39 AM
ciorleanu ciorleanu is offline
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great thread

thank you for starting this thread,I have 5 more days to reach the 90 days frame, then I will be joining you( I hope they approve my EAD before that)
good luck and thank you again
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  #3  
Old 7th January 2007, 02:46 AM
hossamny hossamny is offline
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Thank You

Thanks ciorleanu, best wishes to you.
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  #4  
Old 7th January 2007, 02:57 AM
hossamny hossamny is offline
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F.y.i

For all of you who want to read the memo that USCIS sent to all local offices Advising them on how to proceed with the new rules about interim EAD, please read the attached memo
Unfortunately, as you will see, USCIS blocked all the e-mails, telephones and fax numbers for the Missouri service center! Therefore, we can only contact them through the mail. It worked for me though!
Attached Files
File Type: pdf uscis_memo.pdf (203.3 KB, 2004 views)
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  #5  
Old 7th January 2007, 07:31 PM
nasreen_i nasreen_i is offline
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Hi,

Thanks for your efforts to help.

EAD applied for renewal - 10/9/2006
done bio matrics - 10/27/2006

Current EAD expires 01/10/2006. Case is pending at Missouri Service center....
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  #6  
Old 7th January 2007, 08:53 PM
hossamny hossamny is offline
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90 days frame

you have 2 more days for your case to be outside the normal processing time.
please answer few question,did you paper file or e-file, did you receive any RFE? what is the LUD date on your profile?
thanks.
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  #7  
Old 7th January 2007, 10:45 PM
nasreen_i nasreen_i is offline
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I did e-filing and no RFE. This is my 4th EAD renewal. My LUD is as follows

Current Status: Case received and pending.

On October 10, 2006, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our MISSOURI SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

I have taken infopass appointment on 01/9/2006.

Last edited by nasreen_i; 7th January 2007 at 11:01 PM. Reason: More info
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  #8  
Old 8th January 2007, 03:17 AM
hossamny hossamny is offline
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USCIS Profile

Hi nasreen_i
by logging into the uscis web site and entering your case # to check the status, you are not really getting the LUD!!
you can only get your current LUD by registering your self with the site(creat an acount) then you will have a user name and a password, once you log in, you will be able to view your profile,
the message that you see online regards your case dose not get change while they are working in your case,but the LUD change every time some one work on your case.
please let me know if you need further help with this matter, let me know your LUD once you have it
question: did you send them any thing since you e-filed?
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  #9  
Old 8th January 2007, 04:05 AM
satsiri satsiri is offline
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Thanks Hossamny. The memo was very useful for those like me to whom the information was not given properly by USCIS customer service officials as to why the issuance of interim EADs was stopped by Local Offices(in fact they didn't know that the local offices stopped issuing Interim EADs).
My EAD expired on 01/04/2007.
I e-filed EAD extension on 10/04/006 with NBC. Had Biometrics (code 2) done in Detroit on 10/21/2006. LUD is 10/10/2006 with following information.
************************************************** *******
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status: Case received and pending.

On October 4, 2006, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our MISSOURI SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
************************************************** *******
Upon inquiring the status, an Immigration official asked me to write a letter to NBC requesting them to expedite my case which I did on 01/04/2007 enclosing a copy of I-765 receipt notice and copy of I-485 receipt notice. Not sure how useful that would be.
While waiting for the approval of EAD extension, is it OK to work as it is past 90 days since the extension has been filed? An Immigration Lawyer actually said that it is OK to work if the extension has been filed before expiration of the old EAD. I am confused.
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  #10  
Old 8th January 2007, 01:53 PM
nasreen_i nasreen_i is offline
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Hi,

Thanks for helping me to create an account the LUD is 10/16/2006, I guess it is the date they sent me a notice for biometrics.

I didn't send any supporting documents, as I never sent any document while renewing my EAD.

Time is less please let me know the details how to expedite the processing.

Thanks in advance.
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  #11  
Old 8th January 2007, 02:47 PM
satsiri satsiri is offline
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Nasreen:
Similar case as mine but you are in a little better position. My EAD expired.
When you meet the officer in the Disrict Office, he/she would email your case info to the Service center where your application is pending. After that, just await a reply for the case status. Ask the officer as to when you could expect a reply and if an Interim EAD could be issued by the service center. Good luck!!!
Don't forget to share your experience.

My experience at local office on 01/08/2007
------------------------------------------
I took an Infopass appointment with the District office and met the Immigration officer today to discuss my I-765 case. She took my Receipt# and emailed NBC, where my case is pending, and asked me to wait for their reply. Not sure if they would grant an Interim EAD or not and when they would get back to me.
I asked the officer whether a person could work without an EAD and she replied it is between the employee and the employer. It does not affect the employee. However, the employer is not supposed to allow anyone to work for the organization without a valid employment authorization IN HAND(not just approval mind you).
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  #12  
Old 8th January 2007, 03:42 PM
nasreen_i nasreen_i is offline
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Hi satsiri,

Thanks a lot for sharing your experience. So basically we cannot work till we have our renewed EAD.
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  #13  
Old 8th January 2007, 04:28 PM
satsiri satsiri is offline
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Quote:
Originally Posted by nasreen_i
Hi satsiri,

Thanks a lot for sharing your experience. So basically we cannot work till we have our renewed EAD.
Basically yes. As I mentioned earlier, one of the immigration lawyers is saying contrary to that. I will let you know once I have more information.
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  #14  
Old 8th January 2007, 09:19 PM
satsiri satsiri is offline
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Sorry..that should be basically no. One cannot work without an EAD.
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  #15  
Old 9th January 2007, 03:14 AM
medomaro medomaro is offline
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Renew is legal

Hi guys, I think that if you have a pending i-485 based on i-130 petition, (ex: married to us citizen) and your EAD expired, its o.k to work while you are waiting for the new card.
after all, its your employer who decide, uscis will not blame you for that knowing that you have to support your family.
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  #16  
Old 9th January 2007, 04:51 AM
hossamny hossamny is offline
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Infopass

Hi Nasreen_i
How was it your INFOPASS appointment? did they tell that they will e-mail the MO service center to issue you an interim?
If that was the case, you should also send them a letter, let me know so I can assist you with the format and address if you need.
Good Luck
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  #17  
Old 9th January 2007, 01:23 PM
satsiri satsiri is offline
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how can an employer support the case of an employee working without an EAD?

Quote:
Originally Posted by medomaro
Hi guys, I think that if you have a pending i-485 based on i-130 petition, (ex: married to us citizen) and your EAD expired, its o.k to work while you are waiting for the new card.
after all, its your employer who decide, uscis will not blame you for that knowing that you have to support your family.
My employment based I-485 is pending and EAD extension is pending since 95 days. Currently not working.
What are the implications (to the employer and the employee) if an employer allows a person to work without an employment authorization card? Is there any documentation to support this?
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  #18  
Old 9th January 2007, 05:14 PM
nasreen_i nasreen_i is offline
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Infopass

Hi,

I went for infopass appointment today. The immigration officer said my case is approved they sent card for printing so he said it may be couple of weeks to get it and I have to wait.

My online status and LUD didn't change at all....
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  #19  
Old 9th January 2007, 06:15 PM
satsiri satsiri is offline
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nasreen_i,
Good for you. Congrats!!!
Any specifics you would like to share with the forum?

What time was your appointment today?
My appointment was at 7:45AM yesterday and MO being in CST zone, the officer just sent an email. May be I should take one more appointment one of these days sometime in the afternoon and have the officer actually talk to the concerned personnel in NBC.
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  #20  
Old 9th January 2007, 06:23 PM
nasreen_i nasreen_i is offline
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Actually I have nothing to share specifically. I felt may be I should have asked him to call the MO office to send me the approval notice or to expedite the case. I missed it, I would say prepare a checklist of what to ask etc.. before going so that we will not miss anything. My interview was at 10 AM.
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  #21  
Old 9th January 2007, 06:29 PM
satsiri satsiri is offline
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When I called the 1-800#, I was told that I could not work on the day the EAD expires. I missed that day too
When I inquired the same with the officer in the District Office during the appointment later, the officer said I could. I need to apply a PTO for that day and Leave Of Absence for the days following.....

I don't know why there would be different versions each time you inquire anything with USCIS. Anybody's guess....

So, nasreen_i, you could work tomorrow too. Hopefully you will recv your EAD card soon. Good luck.
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  #22  
Old 9th January 2007, 11:57 PM
hossamny hossamny is offline
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Congrats....

Hi Nasreen_i
congratulations....
don't worry if the case status didn't change or there is no LUD yet,the system update could be delayed couple of days,as in my case was approved dec/30/2006 and the the LUD didn't change until jan/04/2007, then the message changed next day jan/05/2007 with a new LUD, the message was" card production was order"
also today I have a new LUD and message changed to " approval notice was sent"
Did the officer tell you what date your case was approved?
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  #23  
Old 10th January 2007, 12:21 AM
zizo79 zizo79 is offline
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hossamny

I-765 I-140 :both filed on 04/17/06
RFE: 07/08/2006(my lawyer got it ,he said that they were asking if i registered to NSEERS,he told them that i didn`t know about it)
07/21/06 :USCIS received RFE
I-485 :interview on 10/03/06 :interview went well ,got sent to ICE (failure to register for NSESRS) ..they said that i will get a NTA 2 weeks later ...still no NTA
infopass: 10/29/06 about I-765 they said that i will get it in like 2 weeks
I-765: RFE on 11/13/06 (asking if i had fingerprints taken,which i had done on april)
11/28/06 received RFE..(they say to expect a respone within 60 days..)..last updated 12/08/06 ..i am still waiting: no EAD or NTA yet ...i even checked the court for my file ,they said that it is not in file ..
thanks houssamny
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  #24  
Old 10th January 2007, 12:27 AM
hossamny hossamny is offline
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Question

zizo,
did you send expedite request?
what file you checked with court?
shokra
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  #25  
Old 10th January 2007, 12:36 AM
zizo79 zizo79 is offline
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Quote:
Originally Posted by hossamny
zizo,
did you send expedite request?
what file you checked with court?
shokra
about expediting : i called the 800 # today ,and she gave me 5 conditions that will allow me expediting my file :financial loss,uscis mistake...i don`t remember the rest ..i guess the first one fits me ,since i have a family and i have to support them
i was wondering of i should wait the extra 19 days or i can send an expedite request ?if so can you tell me how ,please ???
i checked the I-485 ,using my alien number ..it is because i didn`t register for NSEERS so i have to see a judge but it is taking so long
shookrane
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  #26  
Old 10th January 2007, 01:00 AM
hossamny hossamny is offline
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zizo Pasha

don't wait, send an over night letter to MO service center
explian that you lost/might loose your job, let them know that you have a family to support.

you might want to use this format for your letter

U.S. Department of Homeland security
P.O. box 648996
Lee’s summit, MO 64064
U.S. citizenship and immigration services

date, 2007

Re: I-765 Request to expedite processing time

Dear immigration officer:

I e-filed my I-765 on xx/xx/2006, did my biometrics on xx/xx/2006((enclosed a copy with stamp on it)
-My Alien # xxxxxxxxxx
-Receipt # MSCxxxxxxxx (enclosed a copy of the I-765 receipt notice)EAD application, class xxx (based on pending I-485 Receipt # MSC-xxxxxxxx (enclosed a copy of the I-485 receipt notice)
-I Called customer service center to request a case status update on:- xx/xx/2006, and xx/xx/2006
-I Went to the local office using INFOPASS in xx/xx/2007 to request an interim EAD and they are no longer issuing interim EAD
-please, expedite the process of my work authorization card, it has been more than xxx days since I applied and my ....(explain your loss of financial loss,since i have a family and i have to support them)
If need any additional information, I can be reached at:
Telephone: (XXX)XXX-XXXX
E-mail: YOURNAME@WEB.COM

Thank you in advance

Sincerely,

your name
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  #27  
Old 10th January 2007, 02:05 AM
hossamny hossamny is offline
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Important

zizo
don't forget to write on the outside envelope:
Att.(I-765 UNIT)
Expedite Request
by doing that, you will be sure that your envelope goes to the right person.
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  #28  
Old 10th January 2007, 01:12 PM
satsiri satsiri is offline
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EAD approved

Guys,
Glad to share with you that my EAD renewal case has been approved.....
I called USCIS this morning and the officer said my case was approved and the card was sent for printing and may take 15-30 days to get to me as there were thousands of cards that were sent for printing.
alas....the wait is not indefinite.
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  #29  
Old 10th January 2007, 01:32 PM
satsiri satsiri is offline
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LUD has not changed though...
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  #30  
Old 10th January 2007, 06:10 PM
mashikushi mashikushi is offline
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EAD Pending in MO

I appliad EAD on October 27 and it was transfered to Leese Summit, MO on December 20. I have seen some LUD on the case and the last one was on January 4. I have not seen any update since then. I called the 1-800.. Representer asked me if I have been in finger print appointment. I have gone for I-485 but not for I-765. He took my name address info and told me if I don't recieve any appointment date in 45 day I should call them.

I-131/765 RD October 27
I-131 AD December 18 (Transferred MO on Dec 11 and approved in a week still waiting for the approval notice)
I-765 Transferred MO Dec 20 LUD Dec 27, Jan 02,03,04
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