EAD approval under concurrent filing

V

VPandey

Registered Users (C)
Hi,

I wanted to know if BCIS will issue EAD or iEAD in the concurrent filing case if I140 is not approved.

My I-140 was applied in Nov. 2002 with a receipt date of Nov. 28, 2002.

I got I485 receipt on March 18.

So, I can apply for iEAD on June18.

but i am not sure if my I140 will be approved by that time.

Is INS going to issue an iEAD for me in case my I140 approval does not come by June 18.

Thanks,

VP
 
Originally posted by VPandey
Hi,

I wanted to know if BCIS will issue EAD or iEAD in the concurrent filing case if I140 is not approved.

My I-140 was applied in Nov. 2002 with a receipt date of Nov. 28, 2002.

I got I485 receipt on March 18.

So, I can apply for iEAD on June18.

but i am not sure if my I140 will be approved by that time.

Is INS going to issue an iEAD for me in case my I140 approval does not come by June 18.

Thanks,

VP
Click to expand...

BCIS will conduct a preliminary check of your I-140 to see if it is approvable. If it is, then it will work on your EAD/AP applications. If not, you will not get EAD/AP before I-140 approval.
 
I had a similar concern. I filed concurrently in dec. with a notice date in jan. 2003. Laywer said I should have EAD within 2 months of ND. Those 2 months have passed. Recently checked AVM and realised that they issued an RFE on my I-140. I am yet to receive it in the mail. I posted a message on this forum and from both responses I got, apparently they do not approve EAD until they deem I-140 can be approved. So until I respond to the RFE for my I-140, no further processing will be carried out on my EAD.
 
EAD has nothing to do with 140 approval for concurrent filers.
I got my iEAD before my 140 got approved...
 
kingno1,
You could not have posted a more incorrect statement. I-765 is completely related to I-140. Because you received an interim EAD before I-140 was issued does not prove contrary. It just means that your I-140 has passed through the preliminary phase and that they haven't gotten around to approving your EAD as yet. Hence the reason you had to go for iEAD. As posted earlier, I stated that an RFE was issued on my I-140 (concurrent filer in Dec 02). The RFE is related to the employer and my lawyer made it clear that is the reason why I have not received my EAD as yet. Once they respond to the RFE and it is received then BCIS will begin to process my EAD. If they don't, then after 60 days from the receipt date of the RFE, I can then apply for iEAD. I'm hoping that it wouldn't come to that. I'm almost at 90 days for EAD, so to add another 60 onto that 90 isn't a welcoming thought. So I'll just have to wait and see what happens when the RFE is submitted, should be submitted sometime over the next week. Good luck.
 
Concurrent filing (I-140/I-485/EAD/AP)
Rd: Oct 3, 2002 Nd: Oct 8, 2002

I-140 RFE issued Dec 31, 2002
While RFE was pending, got iEAD on Jan 15, 2003 (for 8 months)
I-140 RFE Reply received Feb 6, 2003
I-140 approved, Feb 10, 2003
AP approved March 10, 2003
EAD approved March 18, 2003

You can go and get iEAD
 
NovAguy

To NoVAguy

read your thread. could you let me know something more on iEAD or point me to a link , because mine would be I think the most unique case though i hope it is not the worst in the forum history.
My I-140 was filed on feb 2002 and got approved aug 19 2002.
however in the meanwhile my employer decided to change the name of our org. (not job change) and i was reqd. to file and ammendment to I-140 to this effect. the ammendment was filed on may 31 2002 for which an RFE was recd. regd. the financial state of this new name changed company. the response to RFE was recd. by INS on 19 OCT 2002. My I-485 notice date is NoV 1 2002 and neither me nor my (unowwhat) lawyer(s) have any clue as regards approval of this ammendment I-140 nor my EAD , Adv. parole or fingerprinting which have the receipt date of Nov 1 2002. However my spouse's EAD , Adv parole have all been approved and recd. and also the fingerprinting procedure completed though her 1-485 has a receipt date of JAn 13 2003.
My question is what is this iEAD . where can i get it. as i will be completing the 6 months on april 30th 2003 though i do not know if I qualify for AC21 after that date as one I-140 is approved and the ammendment is still pending. Anybody pls. help.
 
Waqt...

I am in a similar 140 amendment situation. My 140 was in process when my company underwent a name change (all else was the same). I filed my 485 with an amended 140 and RD for all apps is 1/22/03. No news on EAD/AP for me and spouse yet although FP has been completed. From what I have read the EAD/AP approval will occur even if the 140 is not approved (could be the summary glance at 140). No one is certain about how this kind of case is adjudicated. I am not aware of the iEAD process and am planning to file H1 extension in case EAD does not come soon. All the best. Waqtwaqtkibaat hai mamajee...
 
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Waqtwaqtkibaat,
iEAD or Interim EAD is an EAD that is issued at your local INS office rather than from the service center. iEAD can be applied for at your local office only when the 90 day period (which BCIS says it will take to process I-765) is up. So on the 91st day you can take your documentation particularly I-765 receipt notice to your local INS office which is just proof that you have a I-765 pending, and they will issue you and iEAD. I am not sure how long it is valid for. Hope you are a little clearer about iEAD.
 
Rsur,
You are correct that there is no need to have I-140 approval to receive EAD/AP. However I-140 is reviewed to see if it is 'approvable' before EAD or AP is issued. If it is deemed 'approvable' then EAD is issued, if not, RFEs are issued which is what happened in my case. As posted earlier, I filed concurrently in Dec. 2002. An RFE was issued on my I-10 40 in March (just requesting financial stuff from my comapny). The RFE notice also stated that and I quote exactly 'all interim benefits (I-131, I-765, I-485) have been placed on processing hold until we receive a response to our request for initial evidence on the I-140, Immigrant Petition for Alien Worker'. So as you can see my EAD wil not be approved until they receive and process the response to the RFE. However if no RFE is issued and they still haven't approved your EAD within the 90 day timeframe, you can go and get iEAD at your local INS office. I can only apply for iEAD if they still do not approve my EAD within 60 days of receiving my response to their RFE. My lawyer says that within a month I should have EAD. I really hope it occurs sooner. RFE was replied to this week.
 
thanks a ton guys

Thanks a ton for the replies and also for the ending(rsur).is really great to be in touch with you guys.
FYI all: I spoke to murthy yesterday and clarified my doubts. Since nmy earlier I140 was approved there was no need to file for ammendment. Since there is no point in crying over spilt milk going forward I can apply for iEAD at the local INS office (chicago) which will be valid for 240 days and this can be applied for since my application has been pending for more than 90 days. and starting may 1 2003 I can be on AC21. some relief atleast 9ddobte ko tinke ka sahara kaafi hota hai how true). but yet still no news about the RFE ammendment I140 case. really waqtwaqt HI ki baat hai bhaanje!!!!
 
Thanks for the feedback ...Waqt

Please clarify this from your talk with Murthy: My details:

140 RD - May-02 Apprv- Sept 02. Co. changed name in July 02.
485/EAD/AP/140 Amendment - RD - Jan-03 - No news/RFE yet.

1. I can avail AC21 in July-03
2. Avail of IEAD if required after April 22/03.

The biggest disconnect here is that she feels there was no need for amendment while my attorney (very highly paid and works for big six) insisted that this should be filed.

Mama aur Baanje ka GC jaldi karva de bhagwan!! Nahi tho isi thread me sade rahenge!!

Thanks/Rsur
 
may be one big clarification my co. decided to go with name change from A to B no mergers no acquisitions etc. (maybe name A was unlucky).
SORRY for not elaborating the name change earlier.

Has your company filed a new H1 for you under the new name and also has the tax fed id no of your company changed. IF not then what I gathered was no need to file ammendment. (some sort of jargon [successor employment])
My co.s tax fed id number has changed but still i was told that the ammendment need not have been filed. Initially my employer was also of the same opinion(not to file) but said we will file it anyway for safe side purposes.
I too was confused and even at the end of the call i summarized stating that I will be on AC21 starting MAY 01 2003 and not to worry about this ammendment i140 and was told Yes my summarization was correct. I hope I have not misunderstood.

Regarding IEAD yes you can apply.
get it done boss (no if reqd.) u never know when u need it.

also rumour has it that they do a background check before issuing ur iEAD(which seems to be true) and if cleared they update the system and issue it and this updatation has led to a lot of people getting the I140 and actual EAD approved.some have even got their actual EAD instead of iEAD their cases may have been waiting for such checks. some say EAD/fingerprinting/Adv.parole is waiting for I140 to be approved and I-140 waiting for fingerprinting clearance. so mujhe (mere ko in bambaiya) lagta hai rumour mein dum hain.

No Use calling NSC regarding I140 as they say since I am not the beneficiary they can't pass on any info. but ur I 765 form should tell you the projected processing time and if this elapses or 90 days have passed call up the NSC which I have done many number of times and got the feedback don't know the exact date but will be approved soon.

Also ask you lawyer to inquire if your case has been assigned to an officer yet nahin to ummeed ki kiran kahin bhi nazar nahin aayegi till then.this is very imp. for the officer to have been assigned. also check if your fingerprinting fee recd. by INS has been correctly updated in their system. Online case status mein kahin Fingerprinting fee not recd. to nahin dikha raha hai inspite of the fact they have recd. it and not updated the system correctly or have done in on purpose to set a flag indicatiing I140 still pending as they is no other way they can hold things if projected processing date/times have passed or so I think.

dua karta hoon bhagwaan hamari zarror sunega uske ghar der sahi andher nahin.

ciao
 
Yahi armaan dil me lagaye phir rahe hai bhaiyya

Same with my company we were associated exclusively with a big s/w co. and decided to branch out and sell other products. Our ID, address, owner, job desc. has not changed.

My lawyers are the most unco-operative bunch of people I have met. I called BCIS and the IIO confirmed around 5th April that the case has been assigned to an officer.

My company would like to wait till May 15 (May 30 H1 expires) and then file H1.

We have completed fingerprinting about two months ago. My RD is 1/22 and according to official NSC processing times they are working 2/12 apps. Mera worry factor din pe din bhad rah hai. Par jo bhi hota achhe ke liye hi hota. Bhagwan ke paas kuch aur plan rehenga apne liye. Chal rahe the, chal rahe hai aur prabhu ke kripa se chalte rahenge.

Waqt ke liye Shukriya, Waqt.
 
Hi Guys, Anyways, here is my opinion based on my exp.
I pickedup my iEAD which my 140 RFE is pending.
Some of my friends from Eastcoast got their EAD approvals even before 140 is approved or RFEed.
You dont have to wait for 60 days from RFE date to wait to pick ur iEAD. If 90 days have passed since your 765 filing, go ahead.
 
iEAD with processing hold

What happens if they put a so-called processing hold on the 'interim benefits' in a concurrently filed case.

Is it of any use to go ahead after the 90 days and apply for the iEAD anyway ?
 
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