EAD/Interim EAD stories
- Thread starter peace0901
- Start date
WaitingLongNYC
New Member
EAD Help! Afraid husband will not be able to stay working!
First of all, what does "interim" EAD mean exactly?
Does it mean that it is valid until the ORIGINAL EAD is received (the one they DID NOT send you within 90 days) [That's what I think it would mean by being called "interim!"]
OR
Should a person forget about receiving the original EAD applied for once one gets an "interim" EAD?
Has anyone on this forum been granted their interim EAD and then received the original one applied for afterwards?
The reason being is my husband received his receipt back for an EAD with a date in late December of 2003. There was a problem and the papers were returned to us so the application was resent in late April -- early May of 2004. He got another dated receipt.
After all this, he still never got an EAD, so in the beginning of June he went in person to the NYC (26 Federal Plaza) office and got the "interim EAD" which was good for 8 months. (He was switching employers from an H1-B to an employer that doesn't sponsor H1-Bs.) [Note that if they took his 2nd receipt's date into account (April -- May one), they let him have the "interim" EAD before 90 days.]
In all this time, he never got the orginal EAD applied for.
He recently applied online (and was charged the FEE again) for another EAD to replace the "interim" one that was expiring. Unfortunately it was 60 days ago, not 90 and he still hasn't received anything. His "interim" EAD is expiring on Jan. 3, 2005.
He went to 26 Federal Plaza today and was informed about their new appointment system. He applied for an appointment online under the "ask an immigration officer a question" category as it has not been over 90 days since his most recent application for an EAD, and that is what the online form specifies.
His appointment is on Jan. 5, 2005, two days after his "interim" EAD expires.
So here are my questions:
(1) Should he not go to work on the day in between the expiration (1/3/05) and the appointment (1/5/05)?
(2) Does he have a right to get the EAD before the 90 days are up regarding his latest payment of the fee for an EAD, because his original EAD that he first applied for back in Dec. 2003 (which was rejected because of incomplete paperwork) and reapplied for in May-June 2004, was never received? Reason being, his initial request for an EAD has been pending for a lot longer than 90 days!
(3) I have noticed elsewhere on this forum that sometimes it helps to have an employer write a letter to bring stating that the person will lose his job in case that might help if they try and reject him because it is not yet 90 days from the date on the last receipt. Is there anything else anyone can suggest to do?
(4) Has anyone had experience in this when it comes to the NYC District office at 26 Federal Plaza?
Thank you for your help in this matter!
First of all, what does "interim" EAD mean exactly?
Does it mean that it is valid until the ORIGINAL EAD is received (the one they DID NOT send you within 90 days) [That's what I think it would mean by being called "interim!"]
OR
Should a person forget about receiving the original EAD applied for once one gets an "interim" EAD?
Has anyone on this forum been granted their interim EAD and then received the original one applied for afterwards?
The reason being is my husband received his receipt back for an EAD with a date in late December of 2003. There was a problem and the papers were returned to us so the application was resent in late April -- early May of 2004. He got another dated receipt.
After all this, he still never got an EAD, so in the beginning of June he went in person to the NYC (26 Federal Plaza) office and got the "interim EAD" which was good for 8 months. (He was switching employers from an H1-B to an employer that doesn't sponsor H1-Bs.) [Note that if they took his 2nd receipt's date into account (April -- May one), they let him have the "interim" EAD before 90 days.]
In all this time, he never got the orginal EAD applied for.
He recently applied online (and was charged the FEE again) for another EAD to replace the "interim" one that was expiring. Unfortunately it was 60 days ago, not 90 and he still hasn't received anything. His "interim" EAD is expiring on Jan. 3, 2005.
He went to 26 Federal Plaza today and was informed about their new appointment system. He applied for an appointment online under the "ask an immigration officer a question" category as it has not been over 90 days since his most recent application for an EAD, and that is what the online form specifies.
His appointment is on Jan. 5, 2005, two days after his "interim" EAD expires.
So here are my questions:
(1) Should he not go to work on the day in between the expiration (1/3/05) and the appointment (1/5/05)?
(2) Does he have a right to get the EAD before the 90 days are up regarding his latest payment of the fee for an EAD, because his original EAD that he first applied for back in Dec. 2003 (which was rejected because of incomplete paperwork) and reapplied for in May-June 2004, was never received? Reason being, his initial request for an EAD has been pending for a lot longer than 90 days!
(3) I have noticed elsewhere on this forum that sometimes it helps to have an employer write a letter to bring stating that the person will lose his job in case that might help if they try and reject him because it is not yet 90 days from the date on the last receipt. Is there anything else anyone can suggest to do?
(4) Has anyone had experience in this when it comes to the NYC District office at 26 Federal Plaza?
Thank you for your help in this matter!
Where should I go for i-EAD???
My I-485 was originally filed and still pending in NSC. But I changed my job to a location in VSC. Updated address. The case didn't get transferred to VSC. So I filed EAD renewal in NSC. Where should I go for an interim EAD if the real EAD didn't get approved in 90 days?
My I-485 was originally filed and still pending in NSC. But I changed my job to a location in VSC. Updated address. The case didn't get transferred to VSC. So I filed EAD renewal in NSC. Where should I go for an interim EAD if the real EAD didn't get approved in 90 days?
Calmese
I highly recommend you go get you interim EAD as soon as 90 days is done. You can go to any office you want but if the pending EAD gets transfered to the new service center where you now live then you will have to wait 90 days from the day it was received by the new center !
I went through this hassle.
Bottomline: Interim EAD can be got at any center but if it the I-765 case gets transfered to a new center the clock starts from zero again.
I highly recommend you go get you interim EAD as soon as 90 days is done. You can go to any office you want but if the pending EAD gets transfered to the new service center where you now live then you will have to wait 90 days from the day it was received by the new center !
I went through this hassle.
Bottomline: Interim EAD can be got at any center but if it the I-765 case gets transfered to a new center the clock starts from zero again.
Mike_Metal
Registered Users (C)
WaitingLongNYC, Good Luck!
Hello WaitingLongNYC,
Wish you Happy New Year!
I know very well your mental state as I have been there!
Interim EAD, as the name suggests is temporary EAD given to you while you EAD application is processed in the regular system. I am waiting to get my regular EAD yet! My congressman, Christopher Shay's office had inquired with MSC, and informed that in 30 days I should get my EAD! I had gotten Temp EAD on 12/08/04!
I can guess that you are in New York City. I am not familiar with local USCIS office in NYC and their policy. But there is nothing to lose in trying your case personally and pleading the immigration officer to issue you an Interim EAD. You can try walking in and meet with the immigration officer. In the mean time, also make an info-pass appointment. If things work out cancel the appointment. If not you have a backup plan. Consult your local senator/congressman. See if they can help! Point out the economic hardship and loss of medical benefits as the reason for help. I am sure Charles Wrangle/Hillary Clinton/Charles Schummer's office should be able to help.
I had gone to Hartford office under the pretext of inquiring about my I-485. Once I approached the immigration officer, I requested that my immediate concern was to get EAD, else my holidays will be bad (in your case New year).
The officer, immediately said that she will issue a temporary EAD. I have yet to get the permanent EAD! A temporary EAD is valid for maximum of eight months. They have been shifitng the processing of the EAD from different local offices to a single processing office. In your case I do not think that 60 days is the case. You should not have to pay second time renewal fees. Eventhough, you may not mind paying it as long as you get the EAD!
I am not an attorney, so please, consult your attorney about the following advise.
In my opinion, it will not be a problem if you continue to work, as long as your employer does not ask for the EAD or does not have any problem in your continuing to work. Two days is no big deal! In this case certainly it is their processing mistake/delay. Most likely your EAD will come backdated, if it ever comes through! As this is a renewal, an oversight can always be excused! The break in employment causes lot of problems, like losing benefits etc. So policy of Don't Ask - Don't Tell should work! Hopefully it may not be too long!
Wish you all the best!
Mike
Hello WaitingLongNYC,
Wish you Happy New Year!
I know very well your mental state as I have been there!
Interim EAD, as the name suggests is temporary EAD given to you while you EAD application is processed in the regular system. I am waiting to get my regular EAD yet! My congressman, Christopher Shay's office had inquired with MSC, and informed that in 30 days I should get my EAD! I had gotten Temp EAD on 12/08/04!
I can guess that you are in New York City. I am not familiar with local USCIS office in NYC and their policy. But there is nothing to lose in trying your case personally and pleading the immigration officer to issue you an Interim EAD. You can try walking in and meet with the immigration officer. In the mean time, also make an info-pass appointment. If things work out cancel the appointment. If not you have a backup plan. Consult your local senator/congressman. See if they can help! Point out the economic hardship and loss of medical benefits as the reason for help. I am sure Charles Wrangle/Hillary Clinton/Charles Schummer's office should be able to help.
I had gone to Hartford office under the pretext of inquiring about my I-485. Once I approached the immigration officer, I requested that my immediate concern was to get EAD, else my holidays will be bad (in your case New year).
The officer, immediately said that she will issue a temporary EAD. I have yet to get the permanent EAD! A temporary EAD is valid for maximum of eight months. They have been shifitng the processing of the EAD from different local offices to a single processing office. In your case I do not think that 60 days is the case. You should not have to pay second time renewal fees. Eventhough, you may not mind paying it as long as you get the EAD!
I am not an attorney, so please, consult your attorney about the following advise.
In my opinion, it will not be a problem if you continue to work, as long as your employer does not ask for the EAD or does not have any problem in your continuing to work. Two days is no big deal! In this case certainly it is their processing mistake/delay. Most likely your EAD will come backdated, if it ever comes through! As this is a renewal, an oversight can always be excused! The break in employment causes lot of problems, like losing benefits etc. So policy of Don't Ask - Don't Tell should work! Hopefully it may not be too long!
Wish you all the best!
Mike
Hi Mike,
I was going through this thread and found your reply to be very helpful. I would appreciate if you can or anyone in this can help me. I have posted my question but nobody replied, I hope if someone can reply me here.
I received my wife's EAD in mail last week. It had my photograph and signature and rest of the information was of my wife. We called 1-800 no several times and got different answers about submitting the documents, once I got to speak with the immigration officer and he suggested me to go for an appointment-
My questions to all of you are follows-
1. Should I fill out I-765 for replacement EAD and send it to Nebraska Service center where the original EAD came from along with the supporting documents.
2. Should I pay the fee again although it is USCIS mistake.
3. After sending all the papers to NSC, Can I go to local office in San Antonio after making an appointment through Infopass and request them to issue her Interim EAD.
4. Our local office is San Antonio, Do you think they will take my application there, Should I give it to them instead sending it to NSC.
I am in so much confusion and don't know what to do ??????????
Please help,
THanks.
I was going through this thread and found your reply to be very helpful. I would appreciate if you can or anyone in this can help me. I have posted my question but nobody replied, I hope if someone can reply me here.
I received my wife's EAD in mail last week. It had my photograph and signature and rest of the information was of my wife. We called 1-800 no several times and got different answers about submitting the documents, once I got to speak with the immigration officer and he suggested me to go for an appointment-
My questions to all of you are follows-
1. Should I fill out I-765 for replacement EAD and send it to Nebraska Service center where the original EAD came from along with the supporting documents.
2. Should I pay the fee again although it is USCIS mistake.
3. After sending all the papers to NSC, Can I go to local office in San Antonio after making an appointment through Infopass and request them to issue her Interim EAD.
4. Our local office is San Antonio, Do you think they will take my application there, Should I give it to them instead sending it to NSC.
I am in so much confusion and don't know what to do ??????????
Please help,
THanks.
Mike_Metal
Registered Users (C)
Hello Pomino
Wish you a Very Happy New Year!
In your case as this is the processing mistake, you should be able to walkin or make an info-pass appointment and go to local INS office in San Antonio. Their action will depend on the local office policy but they should be able to give you a temporary EAD with correct picture for your wife. Alternatively, they may suggest that you mail this to Nebraska Service Center. Now, most of the EAD will be process at Chicago service center! So you may end up sending the application there. But do wait before sending any document to NSC. In all likelyhood you may not need to do anything. If I am not mistaken, then mistake in EAD by USCIS does not make them null and void. Aslong as the employer understands this you are ok.
You should not have to pay another fee as in your you are just asking for the correction of their mistake. It will be safe to keep a I-765 form ready in case they may ask. You do not need to have pictures. If necessary they can take new one (they already have the digital-Biometric copy). Carry all the copies of previous correspondence. Do carry copies of I-465, previous application copies and passport etc. Do keep cash/check ready if they insists.
When it comes to dealing with USCIS, think of all the things that could go wrong and try to be preapred for those oddities.
So to Summarize your concern:
1. Make an info-pass appointment first and speak with the local USCIS officer.
2. You do not need to pay the fee again.
3. Try for a walk-in mmeting if your local office allows.
Wish you all the best.
Mike
Wish you a Very Happy New Year!
In your case as this is the processing mistake, you should be able to walkin or make an info-pass appointment and go to local INS office in San Antonio. Their action will depend on the local office policy but they should be able to give you a temporary EAD with correct picture for your wife. Alternatively, they may suggest that you mail this to Nebraska Service Center. Now, most of the EAD will be process at Chicago service center! So you may end up sending the application there. But do wait before sending any document to NSC. In all likelyhood you may not need to do anything. If I am not mistaken, then mistake in EAD by USCIS does not make them null and void. Aslong as the employer understands this you are ok.
You should not have to pay another fee as in your you are just asking for the correction of their mistake. It will be safe to keep a I-765 form ready in case they may ask. You do not need to have pictures. If necessary they can take new one (they already have the digital-Biometric copy). Carry all the copies of previous correspondence. Do carry copies of I-465, previous application copies and passport etc. Do keep cash/check ready if they insists.
When it comes to dealing with USCIS, think of all the things that could go wrong and try to be preapred for those oddities.
So to Summarize your concern:
1. Make an info-pass appointment first and speak with the local USCIS officer.
2. You do not need to pay the fee again.
3. Try for a walk-in mmeting if your local office allows.
Wish you all the best.
Mike
hi, i have a question for u all, i have an appointment at 26 federal plaza on the 10th, but have not got my i-140 approval, my reciept date was oct 4th, so its more that 90 days when i go for the interim ead, but only the reciept of ead is needed or the i-140 approval too, i had an pfe, & sent reply, but didnt recieve nothing on that too, please advise, thanks
Mike_Metal
Registered Users (C)
Hi fathi718!
If I am not wrong then, all you will need is the receipt of I-485 application and I-765 receipt. There is no interdependency between I-140 and EAD. You can apply for EAD only when you have asked for adjustment of your status from non-immigrant status to immgrant status (green card application). When you are eligible to file for I-485 application, you also qualify to apply for I-765 (EAD) and I-131(AP, Advance Parole).
Once, 90 days are over, you can walk-in to a local immigration office and are elligible to get a temporary EAD. All they need to determine is that you have a bonafide I-140/I-485 application.
Good Luck!
Mike
If I am not wrong then, all you will need is the receipt of I-485 application and I-765 receipt. There is no interdependency between I-140 and EAD. You can apply for EAD only when you have asked for adjustment of your status from non-immigrant status to immgrant status (green card application). When you are eligible to file for I-485 application, you also qualify to apply for I-765 (EAD) and I-131(AP, Advance Parole).
Once, 90 days are over, you can walk-in to a local immigration office and are elligible to get a temporary EAD. All they need to determine is that you have a bonafide I-140/I-485 application.
Good Luck!
Mike
Ead
My I-485 (EB1, NSC, RD 11/02) got transferred to VSC on 12/15/04 as I moved from OH to MA. VSC transferred to Cincinnati, OH local office on 12/31/04!!! My EAD renewal was filed at NSC on 10/21/04 since at that time my I-485 was still with NSC. However, NSC did not transfer my EAD to VSC! The 90 days will be over on Jan 21, 2005. Where should I go for i-EAD? Cincinnati or Hartford, CT (I live in MA and Hartford is the nearest local office).
My I-485 (EB1, NSC, RD 11/02) got transferred to VSC on 12/15/04 as I moved from OH to MA. VSC transferred to Cincinnati, OH local office on 12/31/04!!! My EAD renewal was filed at NSC on 10/21/04 since at that time my I-485 was still with NSC. However, NSC did not transfer my EAD to VSC! The 90 days will be over on Jan 21, 2005. Where should I go for i-EAD? Cincinnati or Hartford, CT (I live in MA and Hartford is the nearest local office).
maybesomeday
Registered Users (C)
got interim EAD!!!
Well we went down to the Phoenix district office this morning with an Infopass appointment scheduled for "questions about our case". Here they have security outside and inside to check for weapons, etc. and make you take anything questionable back to your vehicle (like camera phones). Then there's an inside desk person who checks that you have a scheduled appointment and gives you a number (no other questsions asked). We waited almost 45 minutes as they weren't really well staffed and other people got there 30 minutes before the appointment where we came just before our scheduled time. When our number was called I went to the desk and asked for an interim EAD. They wanted to see the notice and I gave it to them. They said, "can't come in for an interim EAD before 90 days". I immediately said "it's an emergency, I'm going to get layed off". They said, "you need something from your employer that says something to this effect". I said "well, actually I do have something". I had a letter already drafted by the employer stating that "...in accordance to immigration regulations, we will have to terminate XXX's employment if he does not maintain work authorization....Please renew his EAD to continue working.....". Then they entered in all the information, checked with supervisors elsewhere (CSC?) and got me to write and sign some handwritten statement as to why I was so stupid as to not file a renewal early enough. They authorized it for 1 year.
This is my experience only and may not be reproduceable in every district office but it seems they have a standard to work from in these cases. They said all someone needs is to have a letter (with company letterhead) stating that they will either terminate employment or deny hiring (new jobs) if work authorization is not available.
Well we went down to the Phoenix district office this morning with an Infopass appointment scheduled for "questions about our case". Here they have security outside and inside to check for weapons, etc. and make you take anything questionable back to your vehicle (like camera phones). Then there's an inside desk person who checks that you have a scheduled appointment and gives you a number (no other questsions asked). We waited almost 45 minutes as they weren't really well staffed and other people got there 30 minutes before the appointment where we came just before our scheduled time. When our number was called I went to the desk and asked for an interim EAD. They wanted to see the notice and I gave it to them. They said, "can't come in for an interim EAD before 90 days". I immediately said "it's an emergency, I'm going to get layed off". They said, "you need something from your employer that says something to this effect". I said "well, actually I do have something". I had a letter already drafted by the employer stating that "...in accordance to immigration regulations, we will have to terminate XXX's employment if he does not maintain work authorization....Please renew his EAD to continue working.....". Then they entered in all the information, checked with supervisors elsewhere (CSC?) and got me to write and sign some handwritten statement as to why I was so stupid as to not file a renewal early enough. They authorized it for 1 year.
This is my experience only and may not be reproduceable in every district office but it seems they have a standard to work from in these cases. They said all someone needs is to have a letter (with company letterhead) stating that they will either terminate employment or deny hiring (new jobs) if work authorization is not available.
Waiting for EAD/AP for 8 months!
Hi,
I filed my I-485/AP/EAD on 14th April 2004. My wife got an RFE on both AP and EAD, replied to the RFE and got approved in August.
I got an RFE after doing a couple of status enquiries. The RFE response was recieved on Dec 2nd. On Jan 04/05, the LUD changed on both EAD and AP, but with no change in status.
Anybody who has gone through anything similar or does anybody have a theory on what could be going on?
Thanks,
Vinod
Hi,
I filed my I-485/AP/EAD on 14th April 2004. My wife got an RFE on both AP and EAD, replied to the RFE and got approved in August.
I got an RFE after doing a couple of status enquiries. The RFE response was recieved on Dec 2nd. On Jan 04/05, the LUD changed on both EAD and AP, but with no change in status.
Anybody who has gone through anything similar or does anybody have a theory on what could be going on?
Thanks,
Vinod
IEAD Urgency
I filed for my EAD for the first time with VSC and the ND : Aug 4 2004. I havent recd my EAD till now. Whenever i make an inquiry my Case Status is updated as " we responded to ur request and call us within 30 days blah blah". AS such there is no decision or RFE and this is going on for 6 months now.
Now my concern is: My HI and I-94 is expiring on Feb 3 2005. I wud like to know whether i can schedule an interview this month end (Jan 2005) and go for an Interim EAd.
My Questions are
1) whether the immigration officer will refuse to give EAD cas my I-94 is expiring ?
2) whether the immigration officer will ask for H1 Receipt Notice which will be applied b4 my visa expiry, I donot have the receipt notice?
3) I have scheduled an appointment for Jan 27th 2005 and what are the docs necessary?
I wud request the members to gimme some info in this regard as i am confused and bugged with the whole process.
I filed for my EAD for the first time with VSC and the ND : Aug 4 2004. I havent recd my EAD till now. Whenever i make an inquiry my Case Status is updated as " we responded to ur request and call us within 30 days blah blah". AS such there is no decision or RFE and this is going on for 6 months now.
Now my concern is: My HI and I-94 is expiring on Feb 3 2005. I wud like to know whether i can schedule an interview this month end (Jan 2005) and go for an Interim EAd.
My Questions are
1) whether the immigration officer will refuse to give EAD cas my I-94 is expiring ?
2) whether the immigration officer will ask for H1 Receipt Notice which will be applied b4 my visa expiry, I donot have the receipt notice?
3) I have scheduled an appointment for Jan 27th 2005 and what are the docs necessary?
I wud request the members to gimme some info in this regard as i am confused and bugged with the whole process.
Atlast EAD approved
Thank you Pachya for all the Information . I am very happy to inform jus now i recd mail from USCIS that mine and my wife EAD has been approved . After nearly 6 months of waiting , atlast i got the approval at the appropriate time. I hope we receive EAD cards without any delay in Postal etc. Jus praying for the best.
Thank you Pachya for all the Information . I am very happy to inform jus now i recd mail from USCIS that mine and my wife EAD has been approved . After nearly 6 months of waiting , atlast i got the approval at the appropriate time. I hope we receive EAD cards without any delay in Postal etc. Jus praying for the best.