IEAD after RFE on EAD

R

ramsuj

Registered Users (C)
Hi All,
I have been a reader in this forum for a long time, but I hope to contribute by relating my recent experience in San DIego INS.

My wife and I applied for our second EAD 4 months ago. After a 90 day wait, since I had not received my EAD, I went and got my IEAD. At that time I did not bother to get an IEAD for my wife as she did not need one right away and more over my attorney had made a big fuss about preparing the IEAD paperwork for me.

Anyway my wife got a temp job 2 weeks ago and needed to join work starting this week. Just when I was about to get her an IEAD last week, I noticed that an RFE was raised the previous week. My attorney noticed that too and said it is unlikely that the INS would provide an IEAD when there was a pending RFE. He was reluctant to prepare the IEAD documentation in this case. After twisting his arm, he agreed to give me the documents that he sent when filing my Wife's EAD. Also he gave me a copy of the RFE which he had just received. The RFE required us to send back a copy of my Wife's old EAD (expired) along with relevant pages of her passport and driver's lisence.

The next day, we went to the San Diego INS office (Chula Vista) and after a 2 hr wait, our number was called. The lady behind the counter entered the info into her terminal and told us that there was an RFE and therefore she could not issue an IEAD. Then we showed her the RFE and explained to her that the RFE was not for anything critical, but just for a copy of the expired EAD. She saw it and said that we can talk to the 'Duty Officer' and he would decide. So she pushed the app to the next stage and we continued our wait! After 3 more hrs of waiting, my wife was called, a photograph of her's was taken and she was issued an IEAD. Just to be sure I went back to the lady who had forwarded the application and told her that we had not been called to meet the "Duty Officer". She said it was ok and we were called only after verifiation by the officer, who decided that it was ok to issue
an IEAD in this case.

Finally our five hr wait paid off and we returned home happy!

I thank this forum for the great support and valuable info from members

Ram
 
Congrats ramsuj

What documents are necessary for iEAD... Do we need take photos (2 or more) or INS (CIS) will take the photos there...

I assume you need to take

1. Approved old EAD
2. EAD renewal receipt notice
3. Passport (driver license)
4. I-485 receipt....

That's should be it... no fees or anything else... Please confirm...
 
Take some proof of residence such as phone, gas , electric bills.
We dont need to bring pics along with us.
 
Here is what my attorney prepared in a packet for my IEAD

1. A cover letter indicating that my EAD was pending for over 90 days and that I be granted a interim EAD. I'll attach the format of the letter below, in case anyone else needs it

2. A copy of the receipt notice of the EAD

3. A copy of the complete EAD application packet that was filed

4. Even though my attorney did not provide/ask me to take additional material, it is preferable to take ID such as Drivers lisence/passport. Also one MUST take the old EAD. When the field office issues an iEAD, they take back the expired EAD.

Note: No photographs are needed as they are already provided when filing the EAD application. Moreover photographs are taken when issueing iEAD at the INS field office.

/********************************************************/
Format of the iEAD cover letter that was filed
/********************************************************/
Date,

From:
APPLICANT NAME
ADDRESS

To:
U.S. Citizenship & Immigration Service
San Diego District Office
1261 Third Avenue, Suite A
Chula Vista, CA-91911

RE: Interim Employment Authorization Document
APPLICANT NAME A## ### ### (Enter actual A number here))

Dear Sir or Madam:

Mr/Ms APPLICANT NAME filed an Application for Employment Authorization Document (Form I-765) at the California Service Center on DATE, YEAR. To date, the California Service Center has not adjudicated the application for Employment Authorization.

It is requested that your office issue Mr/Ms APPLICANT NAME an Interim Employment Authorization Document as authorized by 8 C.F.R. 274a. 13 (a)(2)(d).

Attached is a copy of the application that was filed. Also included is a copy of the receipt notice issued by California Service Center.

Thank you for your assistance in this matter.

Sincerely,


APPLICANT NAME

Enclosures

/********************************************************/
 
One more information I missed out.

There are no fees when applying for an iEAD. Both my wife and I were asked to go to the payment counter, where we were issued a $0 receipt, after which our applications were forwarded to the iEAD issuance stage.

Ram
 
Thanks for the detailed post! It is extremely useful information to have. Not to mention that giving back to the community is good Karma! :)
 
You must log in or register to reply here.
Top