EAD/Interim EAD stories

bobbyren

Registered Users (C)
Hi all,

Just let you know my EAD renewal (E-filed at NBC) was finally approved yesterday. It took about 87 days, right after my current EAD's expiration date. I have made InforPass to get an iEAD and now I need to cancel it.

Good luck to everyone who is still waiting,
bobby
 

hopeofgc

Registered Users (C)
Guys, Could you pls. provide the employment letter format for getting Interim EAD and what should be the content of the letter..........and we should to address 'TO' to USCIS ?

Please let me know.

Thanks
 

gs20

Registered Users (C)
EAD Approved, Cards not received, help needed

Wife's EAD approved on 5th April 2006.
EAD card not received, I received emails from USCIS cards are
orders and will be mailed as soon as the card is ready.
She works on EAD and her current EAD expires in mid May 2006.
Please advise what are options.
We have received I-797 approval notice.

Her AP is approved and we have received EAD.

Without receiving the EAD card, can she continue to work, as we have received email and I-797 approval notice.

Urgent help needed.
Thanks in advance
 

DesiBob

Registered Users (C)
My Experience: Interim EAD before 90 days of filing I-765

Hi All,

I read the messages in this thread and thought I would try to get an IEAD before 90 days of filing I765. I failed to get an IEAD and I would like to share my experience with you.

- I did not realize that my EAD was expiring in May. My AP is expiring in Septemeber and I thought my EAD is expiring in September too.
- I was browsing through my legal documents in early April and realized the EAD was expiring in May. As soon as I realized this, I e-filed I765.
- Then I was under the impression that I could work as long as I applied for I765 before my EAD expired (just like in H1B)
- I read the messages on this forum and realized that I CAN NOT work until the EAD is approved irrespective of when I filed my I765
- Then I thought that I would continue to work under the assumption that USCIS will backdate my EAD. But this assumption turned out to be a bad one. I read murthy website to realize that NSC is backdating but CSC is not.

- At this point my only option was to try IEAD. Based on some messages here, I was pretty optimistic (probably I am that way irrespective of these messages ;-)
- I took an InfoPass appointment saying that I have a question regarding my case
- I prepared all the documentation (new I765, copy of eFiled I765, copy of I765 receipt notice, old EAD, letter from employer stating that I would lose my job etc.)
- I went to USCIS, San Francisco office with this documentation and InfoPass appointment notice
- Security did not ask any questions. They just let me in.
- First point is where they check your Infopass appointment in their system and ask why you were there. At this point, I told that I was there for an Interim EAD. The person in this counter said that I would not get an IEAD because 90 days had not past since I filed I765. I told him that it was an emergency and pleaded him to be let me in. He agreed to let me in but clearly told me that I would NOT get IEAD.
- I took the ticket and went to the counter when they called my number
- I requested an IEAD stating the emergency but I was told that there were NO EXCEPTIONS
- I came back and sat down for a minute and went to the counter again to plead one more time. Again the same answer 'I am sorry that you will lose your job. But there is absolutely nothing I can do before 90 days'.

Came home and decided to quit the job until I get my EAD. It's not the end of the world but the law could have been liberal.

I know that I made a mistake. I know that I was ignorant of USCIS rules. I know that I did not read the documents when they sent me first EAD. I agree that I was an idiot. But what do I have to pay for my stupidity? An arm? A leg?

This is completely unfair on USCIS part to let me lose my job because of a mistake. Howmany mistakes do we (the humans) make in a day? We speed on the roads, we unintentionally hurt someone.. it all happens.. because we are humans. But what is the punishment for innocent stupidity? Losing your job? Losing your insurance?

Law should be changed to allow IEADs even when 90 days have not been expired since we filed I765. Should USCIS pay for our mistakes? Absolutely not! They can charge us $500 or $1000 for the pain of processing our application twice. That is reasonable punishment for us and reasonable income for USCIS. Is it such a bad idea? I will do my best to fight it. I will write letters to Senators and write about it wherever I can. See what you can do.

Regards,
Bob
 

qa13

Registered Users (C)
Is it Receipt date or Notice date

Hi all,

Do we need to look for Receipt date or Notice date (90 days period)if we trying to get iEAD.My Notice date 02/13/06 and receipt date is 02/17/06.should i wait untill 05/17 or 05/13 to get my iEAD?

Thanks
QA13







bobbyren said:
Hi all,

Just let you know my EAD renewal (E-filed at NBC) was finally approved yesterday. It took about 87 days, right after my current EAD's expiration date. I have made InforPass to get an iEAD and now I need to cancel it.

Good luck to everyone who is still waiting,
bobby
 

mv1211

Registered Users (C)
Sorry to hear the iEAD issue

Bob,

If you quit job then would not you be out of status? I am assuming you are waiting for your employment based I-485 approval. Let me know if my understanding of out of status is correct or not?

Also, why do you have to quit job? Can't you keep working since you have already applied for the EAD? Who will check the EAD? Is it illegal to work? I have not been able to get an answer on that. Some say that you can work as long as you have receipt that you have applied. Some say that you can work upto 6 months without being illegal.

I know I have asked many questions...sorry...just trying to understand as I am in your situation...I thought my EAD will expire in August and infact it AP's expiry date and my EAD will expire on May 15th. So far I have been thinking of continuing the job. I am thinking who and how will anyone know?

Please let me know.

Thanks,
mv1211

DesiBob said:
Hi All,

I read the messages in this thread and thought I would try to get an IEAD before 90 days of filing I765. I failed to get an IEAD and I would like to share my experience with you.

- I did not realize that my EAD was expiring in May. My AP is expiring in Septemeber and I thought my EAD is expiring in September too.
- I was browsing through my legal documents in early April and realized the EAD was expiring in May. As soon as I realized this, I e-filed I765.
- Then I was under the impression that I could work as long as I applied for I765 before my EAD expired (just like in H1B)
- I read the messages on this forum and realized that I CAN NOT work until the EAD is approved irrespective of when I filed my I765
- Then I thought that I would continue to work under the assumption that USCIS will backdate my EAD. But this assumption turned out to be a bad one. I read murthy website to realize that NSC is backdating but CSC is not.

- At this point my only option was to try IEAD. Based on some messages here, I was pretty optimistic (probably I am that way irrespective of these messages ;-)
- I took an InfoPass appointment saying that I have a question regarding my case
- I prepared all the documentation (new I765, copy of eFiled I765, copy of I765 receipt notice, old EAD, letter from employer stating that I would lose my job etc.)
- I went to USCIS, San Francisco office with this documentation and InfoPass appointment notice
- Security did not ask any questions. They just let me in.
- First point is where they check your Infopass appointment in their system and ask why you were there. At this point, I told that I was there for an Interim EAD. The person in this counter said that I would not get an IEAD because 90 days had not past since I filed I765. I told him that it was an emergency and pleaded him to be let me in. He agreed to let me in but clearly told me that I would NOT get IEAD.
- I took the ticket and went to the counter when they called my number
- I requested an IEAD stating the emergency but I was told that there were NO EXCEPTIONS
- I came back and sat down for a minute and went to the counter again to plead one more time. Again the same answer 'I am sorry that you will lose your job. But there is absolutely nothing I can do before 90 days'.

Came home and decided to quit the job until I get my EAD. It's not the end of the world but the law could have been liberal.

I know that I made a mistake. I know that I was ignorant of USCIS rules. I know that I did not read the documents when they sent me first EAD. I agree that I was an idiot. But what do I have to pay for my stupidity? An arm? A leg?

This is completely unfair on USCIS part to let me lose my job because of a mistake. Howmany mistakes do we (the humans) make in a day? We speed on the roads, we unintentionally hurt someone.. it all happens.. because we are humans. But what is the punishment for innocent stupidity? Losing your job? Losing your insurance?

Law should be changed to allow IEADs even when 90 days have not been expired since we filed I765. Should USCIS pay for our mistakes? Absolutely not! They can charge us $500 or $1000 for the pain of processing our application twice. That is reasonable punishment for us and reasonable income for USCIS. Is it such a bad idea? I will do my best to fight it. I will write letters to Senators and write about it wherever I can. See what you can do.

Regards,
Bob
 

DesiBob

Registered Users (C)
Answers to your questions

*** Please note that I am not an attorney. The information provided here is based on my personal knowledge ***

Hi mv1211,

Yes. I am waiting for my employment based 485 approval.

There are several things when you are waiting for 485 approval. EAD lets you work but EAD does not provide you any status. Status (officially called TPS - Temporary Protected Status) comes from the fact that you are waiting your 485 approval. That has nothing to do with EAD. However, you need EAD to work. You can stay in the country unemployed if you do not have EAD.

As far as I heard from my sources - you can not work without an EAD. If your employer does not ask you for EAD - that is still illegal to work.

Regarding 6 month work without EAD - that has nothing to do with EAD and it is still illegal. The reason people mention that is, USCIS has a rule called 245(k) that will forgive your illegal unemployment as long as (a) you pay $1000 penalty (b) your illegal work duration is less than 6 months.

Anyway - if your EAD is expiring on May 15, the best thing that can happen to you is getting an IEAD. Take an infopass appointment immediately and try your luck. Who knows? You may be one of the lucky persons. If that fails, try to request your senators assistance.

Meanwhile think about what you need to do if everything fails.

Looks like you are in the similar situation as I am. Send me a PM. Probably we can figure a way out of it.

Regards,
Bob
 

gunmaster

Registered Users (C)
AP nenewal, going to India

We have just filed for my EAD and APD extenstions. Current EAD is valid till 09/22/06 and current AP is valid till 09/28/2006. Me and my family are leaving for India on May 11th, I'll be back on June 12th, my family will be back on Aug 2nd. What are the implications of person being out of United States when APD is approved/issued? Of course we'll have current APD
to re-enter US this time but will it cause any issues in future re-entries if we are not present in US when APD nenewal was approved/issued?
Regards
Gunmaster
 
Desibob,
I have very bad experience in getting the Interim EAD. I applied for EAD 100 working days before my current EAD expiry date. After 90 days I went to get Interim EAD and to my bad luck there was an RFE (photos) exactly at that time and I answere immediately. When I went to regional office to get the interim EAD I was denied as there was an RFE and they cannot issue IEAD untill the RFE is cleared by the USCIS. I have pleaded that my EAD will expire and I will be out of status and the Immigration officer told me that I will not be illegal If I have pending 485 and as long as the employer is fine with it. I checked with my employer and the attorney and they told me there will not be any problem. After a week I took an appointment hoping the uscis has recevied my photos and this time I got mu IEAD in 10 minutes.

Hope this helps
 

leo09

Registered Users (C)
EAD approval time

I have filled my I140 and I485 concurently on April11th. I have note recevied an receipt notice as yet(which is unusual). I read somewhere that you can get an EAD without reciept notice is that possible? What is the approximate time to get an EAD for NSC? Another person who filled with me on same day got his recipet notice. Do you think my application is stuck because of some security check or clearance issues? Any help from gurus willl be appreciated.

FD:April 11th
EB2
Concurrent filling
 

DesiBob

Registered Users (C)
Why RFE for photos?

Krishna,

It is unfortunate that you had trouble. RFE is a bad thing when you try IEAD.

Why did you have an RFE for photos? Did you e-File the application? If you did, you might have made an appointment and gave your photo and fingerprints. right? If you filed the paper version, then you should have sent photos along with your documents.

What am I missing here? Do we need to send photos even if we went to USCIS and gave photos & fingerprints?

Thanks,
Bob
 

gunmaster

Registered Users (C)
gunmaster said:
We have just filed for my EAD and APD extenstions. Current EAD is valid till 09/22/06 and current AP is valid till 09/28/2006. Me and my family are leaving for India on May 11th, I'll be back on June 12th, my family will be back on Aug 2nd. What are the implications of person being out of United States when APD is approved/issued? Of course we'll have current APD
to re-enter US this time but will it cause any issues in future re-entries if we are not present in US when APD nenewal was approved/issued?
Regards
Gunmaster
Guys, any help? Did anyone had similer experience?
 

sksave

Registered Users (C)
next step?

Hi,

I e-filed for renewal for my EAD.
What is the next step?
Do I need to take infopass for photos and FP?
will I receive something from them regarding the photo and FP appoinment?
when should I send my documents?
do I need to wait for the paper receipt notice?

Please let me know I am already a bit late in filing.
I have less then 90 days left.

Thanks.
 

eadhelp

Registered Users (C)
Hi everyone!

I think this is the right place to post my question.

My H1-B expires on May 10, 2006. I am waiting for my I-485 and my EAD approval. Check out my timelines.

Here is my question. On May 11,2006, I understand I need to stop working. My HR contact is suggesting I take Paid Time Off (PTO) until I get an iEAD or if my EAD gets approved.

Is this possible? Or should I take a "leave of absence". I would rather be off the payroll as I think that is the legal way of doing things. Can someone please let me know what the rules are.

Thanks SO much!!!!
 
Last edited by a moderator:

kukuchaku

Registered Users (C)
Fyi - Ead

I applied for my EAD before 90 days back and still did not got my EAD approved. However I applied for my wife's EAD just 60 days back and it got approved. I am the primary applicant and its funny my wife's EAD came first.

So to keep working I have taken a infopass appointment in Chicago office and appearing to file for Interim EAD.
Hope I will get my EAD approved. Just FYI, my I-140 and 290B are pending in AAO

Anyone else have similar experiences?

I don't know what's going on?

Thanks
 

greenc2004

Registered Users (C)
Interim EAD

Can someone please post all the documents needed for InterimEAD at local office? also please let me know what is the wait time for infopass appointment?

Thanks
 
help needed

hi
i received an email confirming that my case has beed approved and card has been sent on 19 april.and its 5 th may and have not received yet.can some help.
 
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