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 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.