EAD question

M

Mike05

Registered Users (C)
Hi Guys,

Need your advice. I applied for my 3rd EAD on 02/05/04 with TSC. My current EAD expires on 04/01/04! I checked my status online and it said that RFE was sent on 03/26/04. As of today, I haven't received anything. I called 1-800 number to see what the RFE was all about and see if I could fax documents to them. They said, they had no idea, of course. I don't know why on earth they would send RFE to me, again, it is my 3rd EAD that I'm applying for... Anyway, I'm planning to go on unpaid vacation, which my boss is very unhappy about. I've read about 245(K) provision, but I think it's kind of risky. I even tried calling USCIS and specifically asked them about this provision. They told me, I can't work without EAD, period.

Also, I don't know if 245(k) would even apply in my case. My 485 is derivative from my wife's EB 485.

Can somebody let me know, what they normally ask in RFE for EAD and how long it takes to approve it after the response is submitted?

Also, if anybody has any tips regarding what else I can do in this situation, I would really appreciate it.

By the way, I tried going to Atlanta's office this week, to see if I could get an interim EAD. The miracle didn't happen, they wouldn't even let me thru to talk to the officer... Thanks, everybody.

Mike
 
Need your advice. I applied for my 3rd EAD on 02/05/04 with TSC. My current EAD expires on 04/01/04! I checked my status online and it said that RFE was sent on 03/26/04.
------ Reply backs the RFE it may be for secondary ID copy of DL or passport page color copy if your service center is NSC or VSC or for new photographs. FYI you can not go to local USCIS office for iEAD because the date they sent RFE 90 days period again started
As of today, I haven't received anything. I called 1-800 number to see what the RFE was all about and see if I could fax documents to them. They said, they had no idea,
----- They are just contractors those who pick up the phone 1-8003755283, they are not immigration officers the NCSC phone goes to Kentucky not to USCIS service centers
of course. I don't know why on earth they would send RFE to me, again, it is my 3rd EAD that I'm applying for... Anyway, I'm planning to go on unpaid vacation, which my boss is very unhappy about.
I've read about 245(K) provision, but I think it's kind of risky. I even tried calling USCIS and specifically asked them about this provision. They told me, I can't work without EAD, period.
---- 245(k) is used for filing I-485 if you were out of status in US less than 180 days
Also, I don't know if 245(k) would even apply in my case. My 485 is derivative from my wife's EB 485.

Can somebody let me know, what they normally ask in RFE for EAD and how long it takes to approve it after the response is submitted?
---- I wrote above, once they receive RFE reply they may approve the case in 10-15 days and it all depends on service centers and it is difficult to predict anything from USCIS
Also, if anybody has any tips regarding what else I can do in this situation, I would really appreciate it.
---- if you don’t get EAD on time and don’t have valid H1 then take leave or talk to your employer or H.R they know how to do it they can pay you later they are expert in handling this kind of situation. Why you did not file EAD renewal 6 months advance? Always file EAD, AP 6 months advance to avoid the problems
By the way, I tried going to Atlanta's office this week, to see if I could get an interim EAD. The miracle didn't happen, they wouldn't even let me thru to talk to the officer... Thanks, everybody.
 
Thanks, Ginnu

The problem is, my employer is totally clueless about these things... Maybe I better talk to a lawyer...
 
Mike05,
I can suggest you two things
1. Get a letter from your employer and go to the Local INS dist. office for iEAD. It worked for few people. But I don't know how they will deal your case since you have RFE
2. Reply to RFE and then contact your local congressman/senator's office to followup your case with TSC

Your employer must have informed you about renewing your EAD with ample time. Per one lawyer, I was told that they are also equally liable. If you go to a lawyer, they will not give you some short cut for you in this case.

I think TSC processes EAD bit faster[Lot of people may differ withme!] If nothing works take 2 weeks off and follow the option#2 mentioned ablove.

Best of luck
 
Hi Govgc,

I did get a letter from my employer, stating that they really needed me to be employed full-time and that they would have to terminate my position if I didn't get EAD. However, they wouldn't even let me thru at the front door at the local CIS office. They read the letter and said to come back when 90 days is up.

I guess, yes, I will have to wait patiently for the RFE to come and wait for the approval.

I've read somebody's experience with 245(k). Some people do believe that it is pretty safe to work w/o EAD if it does not exceed 90 days, I think. I don't know, I don't feel good about doing that...

Thanks for your response.
 
Originally posted by Mike05
Hi Govgc,

I did get a letter from my employer, stating that they really needed me to be employed full-time and that they would have to terminate my position if I didn't get EAD. However, they wouldn't even let me thru at the front door at the local CIS office. They read the letter and said to come back when 90 days is up.

I guess, yes, I will have to wait patiently for the RFE to come and wait for the approval.

I've read somebody's experience with 245(k). Some people do believe that it is pretty safe to work w/o EAD if it does not exceed 90 days, I think. I don't know, I don't feel good about doing that...

Thanks for your response.
Click to expand...

You can't work w/o EAD. To prove that u r working u need to receive paystubs. Going to office but not receiving paystubs means u r not working. So, there might be a way. Give it a try.
 
Mike05,
I understand your situation because just yesterday I came out of a situation like yours. It is indeed painful. On my case my company attorney categorically said that I cannot work until I get iEAD/EAD. But when I approached 2 other attorneys on my own, I was told that I can continue to work as long as the employer doesn't question the status. From some of the threads[I was sitting on this issue for the past 6 weeks!!!] I learnt that some company attorneys are OK with the receipt notice itself.

Off all, I have approached my local congressman's office to help me. When the rep's liaison contacted TSC, she was replied that "IT IS UPTO THE EMPLOYER TO ACCEPT TO ACCEPT THE RECEIPT NOTICE AS A PROOF TO CONINUE TO WORK". Even more this Rep's liaison was ready to share this message to my Employer. But my employer refused to contact the rep because it wasn't a valid source!!

So, all I can suggest is to wait until you reply to the RFE and then followup TSC vigourously thru your local rep's office.
 
I got the RFE today. They wanted a copy of my wife's I-140... I guess, the officer had nothing better to do than request THAT...

Anyway, sent the required papers by Fedex and regular mail. Took 5 days of unpaid vacation. Hope to hear something by then....

Thanks for your inputs!
 
3rd EAD Approved

My EAD finally got approved on 04/08/04.

The ND was 02/05/04, then I received RFE for a copy of I-140, RFE received on 04/05/04.

Glad I can go back to work now!!
 
Change in address

Friends,
I am planning to move from my current address in about 1-2 months and I am not sure about the new address. Can I use a friend’s address in my application for renewal of EAD and new AP, which different from address on my driving license and from the file in BCIS?

Thanks
Vadi
 
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