EAD question

M

MeAndMyGC

Registered Users (C)
I have applied for my I-140 and I-485 at TSC with ND: 11/14/2003.
I got my first EAD on 12/16/2003 and it is valid for a year.
This year I had to renew my EAD and usually it is suggested that we apply 90 days before the EAD expires so that we can go to an INS office and get one if the process takes longer than 90 days. So I should have applied for the EAD on 9/16/2003 but due to some personal reasons I could not do so at that time. Instead, I did it online and have a receipt for 10/12/2004. I still havent received my EAD (they say it takes 60-75 days to process but I know many people who received it in less than 10 days right now). Anyway, what are my options at this point? IF my EAD does not come through before 12/16/2004? Can I still work? Or should I work without pay?Can I go to an INS office and get an EAD at some point?
Please help!!
Thanks.
 
This is hard one. I would try everything. First , try to go to local office and try to explain your situation. If if does not work, i would consult with a good attorney. Do not wait till last of your current EAD card. Act now.
 
Hope for the best

Hi MeAndMyGC,

Delying the EAD application was a big mistake on your part. You could have actually applied for an EAD, when there is 120 days before your current EAD expires. But past is past.

Now, If you applied for your EAD with TSC, I believe you may get it before your current EAD expires (They are approving those applications really fast). In case you don't get your EAD by 12/16/2004, I am sorry to say that you have cannot work (or should work without pay) until you get your EAD or 01/12/2005 (whichever comes first). If your 765 remains unapproved until 01/12/2005, you could go to your local INS office and get an IEAD(Interim EAD). You can use this IEAD to work until you get your actual EAD or until IEAD expires (whichever comes first).

All local INS offices will issue an IEAD, for an unapproved application, after the 91st day of the application receipt date.

Makes sense?
 
If you apply on-line for second EAD, you might want to goto the nearest Aplication Support Center with the on-line receipt, give your finger print and digital photo. If you do not do this you will get RFE asking you do the same.

I was not aware of this. Aplied for second EAD and was expecting an approval, instead I received an RFE asking me to apper at ASC and give digital photograph and finger print.

After 10 days of doing that I reveived new EAD until Dec 15th 2005.

The entire process took aroung 45 days.

Hope this will be of some use to U.

Thx,
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Consult your lawyer..
 
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