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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

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  #1  
Old 1st October 2008, 10:25 PM
adityg adityg is offline
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Join Date: Oct 2008
Posts: 14
EAD expedited processing?

My EAD is about to expire - 10/11. My husband's attorney missed the filing date (120 days prior), and informed us last week about our EAD renewal process. They filed for the renewal today - 10/01. Unfortunately we failed to follow up with our attorney on time, and led us to this situation. I am looking for urgent help/advise!

Situation:
I am pregnant and my insurance and medical is covered through my current co. however the immigration process is being carried forward through my husband's organization. My present employer was unaware about the immigration process and don't even track the expiration of work permits. Knowing the fact, I informed them and I would be off the payroll starting 10/11.

Questions:

1- Can I request for interim EAD? Are they available/issued currently? If yes, what is the process to apply for interim EAD?
2- Is there another way to continue with my current job while the EAD is in renewal process? Like getting/applying for a temp. visa?
3- After 10/11, would my employer discontinue my benefits such as insurance plan even though I have accrued leave available? Are they entitled to terminate my employment in such situation?
4- Can I be entitled to avail my accrued leaves and get paid during the absence? Or is it that I cannot show any sort of payment during this time?
5- Can I plead/request USCIS for an expedited process based on my current situation as I would want to keep my current medical insurance and benefits.

I will really appreciate whatever help/information you can provide me with.

Many thanks!
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  #2  
Old 1st October 2008, 10:57 PM
nscagony nscagony is offline
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Posts: 1,170
1) There is no interim EAD.
2) No. You can take vacation time though.
3) Yes, they can terminate you since you can't work for them. Or they allow you to be on leave with benefits. Depends on your employer.
4) Depends on your employer.
5) The only thing USCIS understands less than reason and common sense is compassion. I wouldn't hope for this.

You will get our EAD in 60 days or less if you are lucky. Next time don't miss your deadline.
__________________
I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
Card received on 8/22/2008.
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  #3  
Old 2nd October 2008, 12:29 AM
adityg adityg is offline
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Posts: 14
Thanks

Thank you for your response. Actually, I have heard from my friends that USCIS do pay a heed to expedited EAD's plea's. Is that true? And if yes, what is the process involved in doing so? And during what all criteria do they expedite the EAD process?

I've read here itself that you can go to the local office to apply for the request. If anyone is aware of more such details, please let me know the entire process. Thanks!
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  #4  
Old 2nd October 2008, 09:57 AM
greencardEB3 greencardEB3 is offline
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Did u paper file on 1st Oct ? If yes then it will take couple of days to put your case in the USCIS system and once you get the receipt number then you can put a service request by calling the customer service . You can also try infopass to put expedite request but again you will need the copy of receipt with you. You should also fax an expedite request citing the reason of your pregnancy and financial hardship.

For all the above you need to have receipt number which you can find on the back of check cashed. You can also try calling customer service to get the recipt number in couple of days and put the expedite request at the same time.

Good luck
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  #5  
Old 2nd October 2008, 10:00 AM
greencardEB3 greencardEB3 is offline
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Another thing is if your husband has got H1-B or if he is on EAD and his EAD is valid beyond 10/11 then you can add your name to his medical insurance thru his company.

Even your company is supposed to provide you with COBRA benefit once you are out of payroll. You will need to pay monthly premium but alteast that will cover you for your medical needs.
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  #6  
Old 2nd October 2008, 11:44 AM
adityg adityg is offline
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Quote:
Originally Posted by greencardEB3 View Post
Another thing is if your husband has got H1-B or if he is on EAD and his EAD is valid beyond 10/11 then you can add your name to his medical insurance thru his company.

Even your company is supposed to provide you with COBRA benefit once you are out of payroll. You will need to pay monthly premium but alteast that will cover you for your medical needs.
My husband got his GC last year, so he is all set! My case was unfortunate as I believe it got stuck cause of July 2007 fiasco. Our attorney was anticipating receiving my GC and also cause I am not the primary applicant (my assumption), that is why he got reluctant in filing for EAD renewal on time, though I feel totally responsible for not following up with him on time. This is the 3rd time I have filed for the EAD renewal.

Yes, I am thinking of taking COBRA or signing up with my husband's insurance as a back up plan. It's just that, it is an additional hassle of going through insurance changes through the registered doctor's/hospitals. My organization is handling such case for the very first time. They have never dealt with an immigrant employee before and hence are not aware about what happens after I don't have work permit.
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  #7  
Old 2nd October 2008, 11:45 AM
adityg adityg is offline
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Quote:
Originally Posted by greencardEB3 View Post
Did u paper file on 1st Oct ? If yes then it will take couple of days to put your case in the USCIS system and once you get the receipt number then you can put a service request by calling the customer service . You can also try infopass to put expedite request but again you will need the copy of receipt with you. You should also fax an expedite request citing the reason of your pregnancy and financial hardship.

For all the above you need to have receipt number which you can find on the back of check cashed. You can also try calling customer service to get the recipt number in couple of days and put the expedite request at the same time.

Good luck
Thanks a bunch! I am waiting for the receipt. As soon as I get it, I will try to place an application as stated. I shall keep you posted about the same.
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  #8  
Old 2nd October 2008, 04:48 PM
Bobbili_Puli Bobbili_Puli is offline
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expedite works

I put a service request yesterday for Expediting my EAD. Today my online status changed to 'Card Production Ordered" It has been sitting for 2 months now. I did my Fingerprints on 08/21
__________________
First PD : 3/1999
Second PD: 5/2001
Third PD: 12/2003 (Current and valid)
EB3 I-140/I-485/EAD/AP; RD:03/19/2004;ND:03/23/2004
EAD AD:06/03/2004; AP AD:06/07/2004;
I-140 AD:08/03/2004
FP1: 12/14/2004(8 AM)
FP2: 08/21/2007 (Missed FP on May 16)
I485 LUD: 12/22/2004(FP results received); 12/30/2004(same message), 03/9/07(VSC-TSC),07/17/2007,07/28/2007, 08/22/07(message-transferred to TSC location), 8/24, 8/26, 9/28(RFE), 10/2(resp recd), 10/3, 10/4,10/21
NC,FP clear
I485 AD - ?????
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  #9  
Old 2nd October 2008, 05:59 PM
adityg adityg is offline
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Quote:
Originally Posted by Bobbili_Puli View Post
I put a service request yesterday for Expediting my EAD. Today my online status changed to 'Card Production Ordered" It has been sitting for 2 months now. I did my Fingerprints on 08/21
Did you have to wait for 90 days before putting in the request? Looks like 60 days, but can you please confirm that? I have been told that one cannot seek the appointment through Infopass until you have met the 90 day filing period. Can you please elaborate on all the stepsyou took to Expedite your EAD? I will really appreciate that! Thanks!
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  #10  
Old 2nd October 2008, 07:23 PM
Bobbili_Puli Bobbili_Puli is offline
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Join Date: Jun 2004
Posts: 98
It has been 60 days. I applied electronically on 07/28. got FP notice scheduled for 08/21. After that there was no update. So I called the customer service yesterday and told that I need to expedite my I-765(EAD). Then the lady put up a request and gave me a confirmation number. She asked me the reason for expedite request and I told her about the time gap and career problems and financial hardship if it is not approved before the earlier card expired. She said it will be 5 days before it is assigned to someone. Today I noticed an update with card production ordered message.
I was trying to reach IO but somehow went to customer service. You can follow the below steps.

Call 1-800-375-5283
Press the following options when prompted (you don't have to wait to hear the message).
1
2
3
6
1
Type your receipt number
1
Hear the status Message now,
3
4
You should hear, "Welcome to TSC" or else, just hangup and try again...may be several time...

If the IIO is not giving enough info, be clear and tell them about the 30 days deadline and its already late for you and need immediate help.


Quote:
Originally Posted by adityg View Post
Did you have to wait for 90 days before putting in the request? Looks like 60 days, but can you please confirm that? I have been told that one cannot seek the appointment through Infopass until you have met the 90 day filing period. Can you please elaborate on all the stepsyou took to Expedite your EAD? I will really appreciate that! Thanks!
__________________
First PD : 3/1999
Second PD: 5/2001
Third PD: 12/2003 (Current and valid)
EB3 I-140/I-485/EAD/AP; RD:03/19/2004;ND:03/23/2004
EAD AD:06/03/2004; AP AD:06/07/2004;
I-140 AD:08/03/2004
FP1: 12/14/2004(8 AM)
FP2: 08/21/2007 (Missed FP on May 16)
I485 LUD: 12/22/2004(FP results received); 12/30/2004(same message), 03/9/07(VSC-TSC),07/17/2007,07/28/2007, 08/22/07(message-transferred to TSC location), 8/24, 8/26, 9/28(RFE), 10/2(resp recd), 10/3, 10/4,10/21
NC,FP clear
I485 AD - ?????
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  #11  
Old 3rd October 2008, 11:07 AM
mmed mmed is offline
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Join Date: Mar 2007
Posts: 1,775
Quote:
Originally Posted by adityg View Post
Did you have to wait for 90 days before putting in the request? Looks like 60 days, but can you please confirm that? I have been told that one cannot seek the appointment through Infopass until you have met the 90 day filing period. Can you please elaborate on all the stepsyou took to Expedite your EAD? I will really appreciate that! Thanks!
You can put expedite request after 60 days or even send fax to the center whenever you want. The Info pass is only after 90 days. Go to the Infopass web page and see all options and you will find one of them (passed 90 days after application) very clear
__________________
J1 8/02-04/07
EAD 4/07-10/07
J waiver
6/6/06 NOS rec'd
11/14/06 fav. recom.
AD 4/6/07 (303 days)
GC
I-140 (EB2 NIW): RD: 8/24/06 AD:1/10/07
I-485 RD 1/16/07, AD: 10/29/07

Wife and kids
I-485: RD 2/20/07
AD 11/14

------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.
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  #12  
Old 3rd October 2008, 01:52 PM
adityg adityg is offline
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Join Date: Oct 2008
Posts: 14
Thanks!! Really appreciate you sharing the details of how you got the EAD expedited. Let me know if you hear anything further. I am waiting for the receipt no. (filled through my attorney). As soon as I'll get that, I'll follow the steps listed by you, and I shall keep ya'll posted. Thanks a zillion!

Quote:
Originally Posted by Bobbili_Puli View Post
It has been 60 days. I applied electronically on 07/28. got FP notice scheduled for 08/21. After that there was no update. So I called the customer service yesterday and told that I need to expedite my I-765(EAD). Then the lady put up a request and gave me a confirmation number. She asked me the reason for expedite request and I told her about the time gap and career problems and financial hardship if it is not approved before the earlier card expired. She said it will be 5 days before it is assigned to someone. Today I noticed an update with card production ordered message.
I was trying to reach IO but somehow went to customer service. You can follow the below steps.

Call 1-800-375-5283
Press the following options when prompted (you don't have to wait to hear the message).
1
2
3
6
1
Type your receipt number
1
Hear the status Message now,
3
4
You should hear, "Welcome to TSC" or else, just hangup and try again...may be several time...

If the IIO is not giving enough info, be clear and tell them about the 30 days deadline and its already late for you and need immediate help.
Reply With Quote
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