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
 
They are working hard

to send senseless RFEs. Why? It is beyond my simple mind. Today I received RFE for my wife's AP (ND Dec19) for photo ID (like driver's license). It is our second AP.
 
texas!!! is probably right....

If you failed to send a government issued photo ID along with your application they will asked for it. It's a new regulation for them. It will take about 2 weeks to be approved after they've recieved your document.
 
Thanks, guys.

If the state ID is what they are looking for, do you think I can fax it to them without having to wait on the RFE to come in the mail? I used to have their fax number somewhere. However, I will need to address it to the appropriate officer, I guess.... Oh, well...
 
You should try again getting an interim EAD.

The web page (http://uscis.gov/graphics/howdoi/ead.htm#ead)states:

"If USCIS does not approve or deny your Employment Authorization Document application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim Employment Authorization Document. You must go to your local USCIS office and bring with you proof of your identity and any documents that USCIS has sent you about your employment authorization application. Please click here for more information on USCIS field offices."

My wife and I also had RFE's for our EAD (they wanted our driver licenses). It was nonesense. It simply allows them to delay the EAD without looking bad. They start counting the days the application is pending from the day they get the response to the RFE. That's all it is.

Just get the interim EAD. Talk to a lawyer if they give you a hard time.

Good luck.
 
Mike05'

RFEs usually are sent to your lawyers. NOT to you directly.

Did you sent it yourself or thru a lawyer?
 
Well, I received the RFE today. It was mailed to my home address. All they wanted was a copy of my wife's I-140! For crying out loud, why, all of a sudden, they need it for the 2nd EAD renewal??? Anyway, I sent the required copies by Fedex and regular mail. Today is my last day at work. My boss gave me a 5-days unpaid vacation. Hope, to get some kind of response next week.

Thanks for everybody's help!
 
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