EAD Renewal - Did not send Photo ID papers

N

nch

Registered Users (C)
Hi,

I have filed EAD renewal at TSC last month. I sent copies of 485, I-94 and previous EADs as specified in the application instructions. I did not send photo ID documents or copy of my approved 140. I am working on EAD and now worried about getting RFE.

Should I send them the document copies along with the receipt notice to preempt RFE? What is the possiblity that these documents will reach the application packet at TSC?

Could I file for another application for EAD renewal along with all documents and fee again? Is it allowed to file another application while same application is pending? My current EAD is valid for another 94 days.

What should I do? Please advise

Thanks

nch

140 AD 07/2002
485 RD 09/2002
FP 11/2003
2ND EAD VALID UPTO 12/15/04
 
nch said:
Hi,

I have filed EAD renewal at TSC last month. I sent copies of 485, I-94 and previous EADs as specified in the application instructions. I did not send photo ID documents or copy of my approved 140. I am working on EAD and now worried about getting RFE.
-- you may get RFE for Color copy of Driving licence or Passport first page

Should I send them the document copies along with the receipt notice to preempt RFE?
------ yes, try to send to same address with certified mail and out side the envelope clearly write in big bold letters Extra documents for form I-765 renewal Reciept #XXXXXXXXXXX and also write cover letter with your name, A#, I-485 pending# and EAD filing reciept # at top of letter and explain that the color copies shoud be attached to your EAD or I-765 form reciept #BBBBBBBBB
What is the possiblity that these documents will reach the application packet at TSC?
----- what is wrong in trying?
Could I file for another application for EAD renewal along with all documents and fee again?
---- I dont know when your EAD is expiring, I will wait for few days to check if they have sent RFE and will check online status everyday, you can file again
Is it allowed to file another application while same application is pending? My current EAD is valid for another 94 days.
---- YES
What should I do? Please advise

Thanks

nch

140 AD 07/2002
485 RD 09/2002
FP 11/2003
2ND EAD VALID UPTO 12/15/04
Click to expand...
 
Ginnu - Thanks for the prompt response!

As I compiled all the documents and a cover letter yesterday I found that my wife's EAD is already approved. Mine is still pending. Automatic email from USCIS was sent at 8.00pm. Oddly enough, earlier yesterday I received email update stating that our 485 petitions are being transferred to ATL for interview. Anyway, I am going to worry about 485 later. Right now guess I am going to wait & see if my EAD approved in today or in next few days. Otherwise I will send them photo ID documents.


EAD RD 8/25/04
WIFE'S EAD AD 9/9/04
 
The online message regarding my EAD application reads as follows:

On September 10, 2004, we transferred your I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION to our office in ATLANTA, GA for them to schedule and conduct your interview. Scheduling can take several months. Our office in ATLANTA, GA will notify you when they schedule your interview or take other action on your case. If you need further information, please call the National Customer Service Center at (800) 375-5283.

Does this mean any trouble?
They did approve EAD petition of my wife yesterday after transferring our 485 petitions to Atlanta. Why do they want to interview me for EAD? Any suggestions?
 
nch said:
The online message regarding my EAD application reads as follows:

On September 10, 2004, we transferred your I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION to our office in ATLANTA, GA for them to schedule and conduct your interview. Scheduling can take several months. Our office in ATLANTA, GA will notify you when they schedule your interview or take other action on your case. If you need further information, please call the National Customer Service Center at (800) 375-5283.

Does this mean any trouble?
They did approve EAD petition of my wife yesterday after transferring our 485 petitions to Atlanta. Why do they want to interview me for EAD? Any suggestions?
Click to expand...
------ from where did they transfer? VSC,NSC, TSC, CSC??
I think you can visit local uscis office and will get EAD as your file has been transfred,I hope that you may recieve interview date for I-485 very soon
 
My file is transferred from TSC

Am I suppose to wait 90 days from EAD RD or I can go to ATL office sooner?

I have been working for my original H-1b/140 employer for last 5 years. I used AP to enter US on my last visit as I did not revalidated my H-1b visa even though my H1 extension is valid through 06/2005.

Is my H-1b status is still valid or I lost it as I used AP enter US and must have EAD to continue working?
 
nch said:
My file is transferred from TSC

Am I suppose to wait 90 days from EAD RD or I can go to ATL office sooner?
----90 days from RD you can visit local CIS office for iEAD
I have been working for my original H-1b/140 employer for last 5 years. I used AP to enter US on my last visit as I did not revalidated my H-1b visa even though my H1 extension is valid through 06/2005.
--that is not the problem you are on H1 status if you are working with same employer who filed your latest H1, you can file 7th year H1 extension based on pending I-485
Is my H-1b status is still valid or I lost it as I used AP enter US and must have EAD to continue working?
---- you are on H1, but one keeps valid EAD for difreent reasons or for emergency use if any layoff
Please read the answer from Murthy:

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.
Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.

For more info related to H1 and use of AP read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
Click to expand...
Please read:
 
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