Employment Authorization Help!!

A

ASSYLEE

Registered Users (C)
Ok, I have a fairly complicated problem. I believe I may have the correct solution but I need someone to verify it. Here is background info and details about the problem.

I entered the country on an F-1 visa as a student. I applied for asylum in January of 2005 and had my interview date set for March 1st. I had previously applied for an optional practical training EAD in March of 2005 and I received my EAD in May of 2005. My F-1 status and employment authorization is to end on May 23rd, 2005.

I received a "Recommended Approval" letter in April stating that I was eligible to work under section c8ii. My final approval is still pending. I hear it takes anywhere from 3-4 months to get the Final Approval with the I-94 card.

I applied for a job under my initial EAD and am eligible to work till May 23rd. I am currently working for a software firm. I applied for an EAD under my "Recommended Approval." The date of receipt for that EAD is April 21st. The time that it takes for USCIS to approve an EAD is 60 to 90 days. My employment authorization will lapse after May 23rd. I don't think I will get my I-94 in time so I can get an unrestricted Social Security card. I also don't think my 2nd EAD will be approved in time before my initial EAD expires.

I have already spoken with my employer regarding this and they say that they cannot help me. They want current non-expired employment authorization. I can't come back to work untill I have a current EAD. I sent a letter to the Vermont Service Center where my EAD is being processed and informed them of the situation and requested that if it was possible that they could process my application in time so my employment would not be interrupted. I also tried to speak to a USCIS Customer Service representative but I got different responses each time.

Here is what I think my solution is. I would like someone to verify that what I'm doing is correct. I just happened to look in the application for Employment Authorization and here is what is stated.

Interim EAD: an EAD issued to an eligible applicant when the INS has failed to adjudicate an application within 90 days of receipt of a properly filed EAD application or within 30 days of a properly filed EAD application based on an asylum application filed on or after January 4, 1995. The interim EAD will be granded for a period not to exceed 240 days and is subject to the conditions noted on the document....

Anyway, on May 23rd (The day my initial EAD expires) it will have been 30 + days since my receipt notice date of April 21 of my EAD application based on an asylum application. Now, I don't know if that means if it's for a Final Approval which I don't have or just based on the fact that I received a Recommended Approval. Anyway, just to be on the safe side, I called up Customer Service and asked them on what to do. They gave me different answers. One woman said I would have to wait till my card came in the mail because this only pertains to people who have won final asylum. One woman said I would need to make an INFOPASS appointment to go to my local INS office to see if I can get an interim EAD. I sat on my computer for hours and with sheer DUMB luck, I happened to secure an INFOPASS appointment for May 23rd!! I'm really hoping that they will be able to grant me an interim EAD. I can't afford not to go to work! Can anyone tell me if what I'm doing is correct? Or will I just wasting my time going to the local INS office to try to get an Interim EAD.

If there is anything I need to clarify, please let me know. Any help on this subject is appreciated. Thank you.
 
I have the same situation before!

I also came in to this country on F-1 and applied for asylum during OPT period. I got "Recommended Approval",too!

When you got "Recommended Approval",you became entitled to work with "C8" employment authorization card. You might not be able to replace your social security card with an unrestricted one. However,once you get 'Recommended Approval", you become eligible for being employed in US.....No matter whether you have the C8 card or not.

You do NOT have to worry at all!

By the way,getting "Recommended Approval" means you have to undergo a comprehensive background check,which took eight months in my case.

Good luck!
 
chinese-asylee said:
I also came in to this country on F-1 and applied for asylum during OPT period. I got "Recommended Approval",too!

When you got "Recommended Approval",you became entitled to work with "C8" employment authorization card. You might not be able to replace your social security card with an unrestricted one. However,once you get 'Recommended Approval", you become eligible for being employed in US.....No matter whether you have the C8 card or not.

You do NOT have to worry at all!

By the way,getting "Recommended Approval" means you have to undergo a comprehensive background check,which took eight months in my case.

Good luck!
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Hey! Thanks for the quick reply. I understand that I am eligible for being employed in the US. It's just that I can't miss however many days of work waiting for my employment authorization card to come in. My employer has a copy of my Recommended Approval letter but they need an actual EAD to prove my status. I think because it's such a gray area, they won't let me work. I just don't want to miss work and not get PAID!! My employer said my job would be waiting as soon as I get an EAD. Can I go to the local USCIS office and get a temporary EAD? Am I eligible for that? When I get my Final Approval, what will be the date of me actually getting Asylum. The day the Final Approval is issued or when I first received Recommended Approval?
 
ASSYLEE said:
Hey! Thanks for the quick reply. I understand that I am eligible for being employed in the US. It's just that I can't miss however many days of work waiting for my employment authorization card to come in. My employer has a copy of my Recommended Approval letter but they need an actual EAD to prove my status. I think because it's such a gray area, they won't let me work. I just don't want to miss work and not get PAID!! My employer said my job would be waiting as soon as I get an EAD. Can I go to the local USCIS office and get a temporary EAD? Am I eligible for that? When I get my Final Approval, what will be the date of me actually getting Asylum. The day the Final Approval is issued or when I first received Recommended Approval?
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I think you need to see an attorney for his advice. At the least you should send Gilbert an email to see what he thinks. Your work authorization is NOT automatic because you are still an asylum applicant until your asylum case is finally approved. You need the EAD, in my opinion.

See the following extract from the asylum section of the USCIS homepage:

The applicant and his or her dependents who were included in the asylum decision are eligible to apply for work authorization during the background check process pursuant to 8 CFR 274a.12(c)(8)(ii). To work in the U.S., the applicant and each qualifying family member must apply for and obtain an Employment Authorization Document (EAD). If authorized, the applicant may accept employment subject to any restrictions in the regulations or on the card. [emphasis added]
 
easy solution...

get a letter from your employer stating they will suspend you in case you donnt have vailid EAD.take it to cis office with infopass ,they will give you new EAD right there.beleive me we have done this couple times.
 
Paramvir1 said:
easy solution...

get a letter from your employer stating they will suspend you in case you donnt have vailid EAD.take it to cis office with infopass ,they will give you new EAD right there.beleive me we have done this couple times.
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This is a good suggestion.

You need to have an EAD. Otherwise your employer would be on firm grounds if they terminated you.
 
Paramvir1 said:
easy solution...

get a letter from your employer stating they will suspend you in case you donnt have vailid EAD.take it to cis office with infopass ,they will give you new EAD right there.beleive me we have done this couple times.
Click to expand...

I tried to ask my employer if they would do that earlier. They said that since they were not sponsoring me for my H1 or my Green Card, they cannot write any letters. I will try again. Maybe I shouldn't be so worried about missing work because obviously my employer doesn't seem to care much about it. They won't even issue a simple letter. Maybe it's time I look for another job!! =)
 
You dont need the letter. Just go to the infopass appointment and explain to them that you cant show work authorization after May 23rd and need the new one asap...They should issue you a new one...Employer or no employer..USCIS would know that you need to show an EAD to show your status..it doesnt matter if you are already employed...
 
wantmygcnow said:
You dont need the letter. Just go to the infopass appointment and explain to them that you cant show work authorization after May 23rd and need the new one asap...They should issue you a new one...Employer or no employer..USCIS would know that you need to show an EAD to show your status..it doesnt matter if you are already employed...
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Thank you for your help guys, I really appreciate it! I did get an INFOPASS appointment. Those things are a b|tch to get. Anyway, Thanks again.
 
ASSYLEE, just out of curiousity: did your HR actually call and asked you for a renewed EAD or you volunteered yourself into "trouble"? The reason I'm asking is that there were times when I had lapses in my EADs previously and I have also worked in the IT field for different companies, but HR never bothered to ask me for my renewed EAD!


ASSYLEE said:
I tried to ask my employer if they would do that earlier. They said that since they were not sponsoring me for my H1 or my Green Card, they cannot write any letters. I will try again. Maybe I shouldn't be so worried about missing work because obviously my employer doesn't seem to care much about it. They won't even issue a simple letter. Maybe it's time I look for another job!! =)
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karina said:
ASSYLEE, just out of curiousity: did your HR actually call and asked you for a renewed EAD or you volunteered yourself into "trouble"? The reason I'm asking is that there were times when I had lapses in my EADs previously and I have also worked in the IT field for different companies, but HR never bothered to ask me for my renewed EAD!
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Hi Karina,

I work for a company that is actually part of two other companies in different fields. There is one parent company that is the actual umbrella company. The HR department for all three companies is combined. Since one of the other companies employs a significant immigrant population due to the "nature" of the work. (According to Bush and Vicente Fox, Americans don't want to do this type of work). The HR department keeps strict notice of expiration dates when it comes to EAD's and things of such nature. The HR department sends out regular emails stating that it is the employees' responsibility to maintain their status and that failure to disclose proper status will result in termination. So I DID volunteer myself into "trouble" as you put it but its not something that I would have been able to let slip by. It would have come up eventually. I figured it was better to address it before they fired me for something like this. Its not the greatest of jobs, and the pay ain't that great but its still a job.
 
They are supposed to keep close tab on EAD expirations. If they fail to do that and are caught, they risk a huge fine by the DHS and/or the DOL.


ASSYLEE said:
Hi Karina,

I work for a company that is actually part of two other companies in different fields. There is one parent company that is the actual umbrella company. The HR department for all three companies is combined. Since one of the other companies employs a significant immigrant population due to the "nature" of the work. (According to Bush and Vicente Fox, Americans don't want to do this type of work). The HR department keeps strict notice of expiration dates when it comes to EAD's and things of such nature. The HR department sends out regular emails stating that it is the employees' responsibility to maintain their status and that failure to disclose proper status will result in termination. So I DID volunteer myself into "trouble" as you put it but its not something that I would have been able to let slip by. It would have come up eventually. I figured it was better to address it before they fired me for something like this. Its not the greatest of jobs, and the pay ain't that great but its still a job.
Click to expand...
 
I once made the mistake of showing a EAD that expired in 1 year...Every day while walking down the hall, the HR lady would say "YOU HAVE THIS MANY DAYS TO get a new EAD"..and then I found about SSN + drivers license...so i went to her and showed her that...and that shut her up forever..So when I walked down the hall and saw her..I would go "Dont need the EAD right?".
 
wantmygcnow said:
I once made the mistake of showing a EAD that expired in 1 year...Every day while walking down the hall, the HR lady would say "YOU HAVE THIS MANY DAYS TO get a new EAD"..and then I found about SSN + drivers license...so i went to her and showed her that...and that shut her up forever..So when I walked down the hall and saw her..I would go "Dont need the EAD right?".
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The original poster has not been granted asylum yet. So his or her only option is to use the EAD.
 
How Funny !

wantmygcnow said:
I once made the mistake of showing a EAD that expired in 1 year...Every day while walking down the hall, the HR lady would say "YOU HAVE THIS MANY DAYS TO get a new EAD"..and then I found about SSN + drivers license...so i went to her and showed her that...and that shut her up forever..So when I walked down the hall and saw her..I would go "Dont need the EAD right?".
Click to expand...





Very humorous :) :) :)
 
wantmygcnow said:
I once made the mistake of showing a EAD that expired in 1 year...Every day while walking down the hall, the HR lady would say "YOU HAVE THIS MANY DAYS TO get a new EAD"..and then I found about SSN + drivers license...so i went to her and showed her that...and that shut her up forever..So when I walked down the hall and saw her..I would go "Dont need the EAD right?".
Click to expand...


Yeah good one :)
 
wantmygcnow said:
I once made the mistake of showing a EAD that expired in 1 year...Every day while walking down the hall, the HR lady would say "YOU HAVE THIS MANY DAYS TO get a new EAD"..and then I found about SSN + drivers license...so i went to her and showed her that...and that shut her up forever..So when I walked down the hall and saw her..I would go "Dont need the EAD right?".
Click to expand...

I had exactly the same experience.
 
xms68 said:
Hi, My husband got asylum approval last year and I applied I-730 in May,2004,
In July , USCIS in Nebrasca gave me a letter that they tranfered my case to
local office in Los Angeles,Now one year passed and no any information, I went to local office to asked what happened? they just said it's pending!

Anybody can tell me how long time normal for getting approval I-730 and how long I must wait for? Something bad happen? How can I do now?

Your answer are highly appreciated!
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XMS68,

I suggest creating a whole new thread with another heading to get a faster response. Good luck!
 
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