Hi zlcjf, you can do a couple of things. Since 90 days are up since you applied you can go to the local USCIS office and ask them to issue a temporary EAD. Some offices know about it and some don't. My local USCIS office refused to isse the temp EAD but there does exists a standing instruction to all offices to issue temporary EAD.
Keep trying to contact the AUSA. The amount of cooperation depends on the district and circuit. If your district and circuit favors the Government then don't expect any help from him.
There's no need to think twice about including your current situation in your MTD. Stress that your EAD has expired, USCIS has not renewed it and if you have a family then say that your family is facing an uncertain future not because of any of your action but solely to an agency inaction. It is imperative to show harm to you and your family due to this inaction. If the only harm you show is "naturalization is delayed" courts may not be swayed.
I am desperate here. My EAD expires this Friday (Oct. 5). My I-765 application has been pending in TSC for more than 90 days so faxed to TSC for expedite EAD application. I also had two infopass appointments with local immigration ffice lately and they said they emailed TSC about my case but it may take them more than 90 days to reply. I also contact my senate about my situation. Senate office send a email to TSC but said it might take 30 buessiness days for TSC to reply. I also tried to contact my AUSA for the situation but couldn't find him and he never replied to my message. What can I do?
P.s. I have until next Friday to reply MTD, Should I include my current situation in the MTD?
Remember, you can continue working even after your EAD expired.
The first thing to try is to get a temporary EAD at your local USCIS office.
If they refuse, show them the text of regulations 8 CFR 274a.13(d)
"(d) Interim employment authorization. The district director shall adjudicate the application within 90 days from the date of receipt of the application by the INS, except in the case of an initial application for employment authorization under §274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and §274a.12(c)(9) insofar as it is governed by §§245.13(j) and 245.15(n) of this chapter. Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days. Such authorization shall be subject to any conditions noted on the employment authorization document."
Request a written notice from the CIS officer that they refuse to issue a temporary EAD. At least get his/her name.
Contact your AUSA, cite the regulations and ask for help.
If you did not include the situation with EAD in your original complaint, file the first amended complaint and include it.
File an emergency motion with the court and request court to order USCIS to issue an interim EAD for you based on the above regulation. Attach a written notice you received earlier from CIS officer. Explain the emergency. It should be titled as emergency motion so that the judge could issue a quick ruling.
Remember, you can continue working even after your EAD expired. The government will be estopped from imposing any penalties on you/your employer as you did everything in accordance with the law and the government did not.
lazycis, unlike H1B where once you apply for extension you are good to go and continue to work, EAD is not like that. Check Murthy.com chat transcripts. I called up USCIS for my spouse and was clearly told not to work if EAD is expired and that there's no grace period even if you applied for extension. So I wouldn't risk PR by working on expired EADs.
don't stress out.. here is a solution that will work for u..Thanks. AGC4ME. I did all of above. I am in Baltimore, MD. The Baltimore office no longer issue interim EAD any more since Oct 2006.
It is true there is no mercy for Marylanders.
It is true that my family solely rely on my income. I have a one and a three year old. USCIS are just cold blooded.
Thanks for your valuable response, LazyCIS. Here are my concerns regarding your answers:
1. How frequent can I amend my complaints? If I amend my complaint after the MTD is filed, would it allow the AUSA more time to respond?
2. I will make another appointment with local office againt tomorrow. But in the previous two appointments, the IO told me the temporary EAD regulation expires in Oct 2006. I am sure they wont issue a temp EAD because they dont have the power to do so even the regulation requires that.
3. Company HR already notified me that I had to be off payroll after the EAD expiration. Nothing I can do about that. I also contact my company immigration lawyer. His suggestion is to wait. Nothing I can do.
take a copy of the print out (the pdf file) with u.. show them that they can and should call the national benefits center and expedite ur EADThanks, Hiram and LazyCIs. I will do Hiram suggests. If it doesnt work, I will file a emergency motion with the Court.
Greenpea,
You made a mistake by not blacking out your personal information, when you filed the lawsuit. All civil lawsuits are public information, and you cannot do anything about it. We should mention often in this forum that any Pro Se litigants should ensure that when they file the lawsuit, make sure that their private information is blacked out. Also a suggestion is that do not first make photocopies and then strike out the private information. You should first strike out the private information and then make photocopies. Because an identity thief may be able to go to the court, get your file, and he can figure out what information has been blacked out. It is usually visible under the black ink of your marker, unless you scratch it real hard.
The court will rule that the government is estopped from enforcing the law that invalidates expired EAD. I mean, zlcjf will have to fight negative subsequences, if any, in court, but I am pretty sure that it's a win situation for him.
I updated the document regarding FBI name check to include that info.
Explain this to me a bit more. The Govt. hasn't invalidated his expired EAD. It just did not provide a new EAD on time. The Govt. is not doing anything illegal here that can be reviewed under estoppel laws.... May be I'm missing something here.
Anyone know how to dismiss my case that I filed wom pro se, since my case got approved?
Is there a template I can follow?
Congrats on your approval! Do not worry about the dismissal, let AUSA to write a joint stipulation. If you do nothing, your case will be dismissed anyway. Again, you do not have to do anything!
Thanks, lazycis.
Explain this to me a bit more. The Govt. hasn't invalidated his expired EAD. It just did not provide a new EAD on time. The Govt. is not doing anything illegal here that can be reviewed under estoppel laws.... May be I'm missing something here.