Interim EAD Denied

R

rcodavali

Registered Users (C)
Today I went to the INS San Jose Office.

The person in the counter denied my wifes ability to get an INTERIM EAD (though its more than 90 days of the received/notice date).

Reason: My I-140 is on Hold and not yet approved.

More info: The web site status mentions that they did receive the response for the RFE(meaning it should not be on HOLD) on April23.
I also talked to a representative from the INS Office(Laguna Niguel CA ), she also does not see any specific HOLD on my 140 case, the last info on my case is "Received information on April 23" (again meaning it should not be on HOLD). She mentioned that she(they)cannot give more information to me and more detailed information (why does the San Jose INS Officer denied my EAD saying that my 140 is on HOLD and how can that be updated) will be given to the petitioner (attorney).

Questions:
1. If 140 is NOT on HOLD and not yet approved, can we get the INTERIM EAD?.

2. If 140 is on HOLD and not yet approved, can we get the INTERIM EAD?.

3. Why did the San Jose INS Officer mentioned that my 140 is on HOLD and cannot issue the Interim EAD?.(What could be the reason).

Possibilities: 1. INS might have again requested more info after April 23 and hence it is on HOLD. (However the case status does not mention that).
2. The San Jose Office made a mistake and overlooked the last chronological info on my case ("Received information on April 23").

Can someone please advice me what I should be doing now?

thanks
 
I can add to one part of your question:
My I-140 12/03 is on hold (no RFE on any applications)
But SFO local office denied interim EAD.
 
rcodavali

I think there is another policy (search the forums it is discussed more in detail). Once you get an RFE pretty much the clock resets again what I mean is that since you responded to your RFE on April 23, start counting 90 days from this date.

Assuming you don't get another RFE (or ofcourse meanwhile EAD gets approved then anyway there is no issue), you should be able to get an interim EAD after 90 days from April 23.

I think the HOLD part is this 90 day limit...

reval_wait
Just my personal opinion...not a lawyer
 
rcodavali,

Could you please post your dates?

reval_wait said:
rcodavali

I think there is another policy (search the forums it is discussed more in detail). Once you get an RFE pretty much the clock resets again what I mean is that since you responded to your RFE on April 23, start counting 90 days from this date.

Assuming you don't get another RFE (or ofcourse meanwhile EAD gets approved then anyway there is no issue), you should be able to get an interim EAD after 90 days from April 23.

I think the HOLD part is this 90 day limit...

reval_wait
Just my personal opinion...not a lawyer
Click to expand...
 
rcodavali,
You must be one of the person I saw today. I was also in San Jose office today applying for iEAD and got denied. I'm on exactly the same boat as you are. I got I140 RFE and replied on May 3. The rest of my applications are pending, my current visa is expiring and therefore I went to give it a try. Before I went, unitednations from this forum already told me that most likely I won't get approved. However, my attroney told me that there should be no reason that they will deny my application for iEAD, therefore I went.
So 6 hours of wait, and I got nothing. The officer was very polite, showing me the printouts from the computer that all my applications are with a status saying "ON HOLD" except for I140. He said they have to see the word "resumed or lifted" before they can start issueing iEAD. So I guess the 90 days rule no longer applies as long as our applications are still "ON HOLD", until USCIS"LIFT" it. The officer suggested me to fax an inquiry for status check. I don't have alot of expectation.....
 
talkative said:
I can add to one part of your question:
My I-140 12/03 is on hold (no RFE on any applications)
But SFO local office denied interim EAD.
Click to expand...

If no RFE has been issued, then why is your I-140 on Hold?
 
Looks like USCIS never touched my file(140) after sending me the RFE , not even looked at the response that they received on April23 2004 and hence my 140/EAD is on HOLD.

To 'LIFT' the HOLD from my 140 my lawyer sent a inquiry on my 140 application through liasion, I dont exactly know what it means?.

I need the EAD desperatley. What should I expect after this inquiry, How would I know that the HOLD is lifted or still there as the case status on the USCIS website does not show info on HOLD status. Typically after how much time does USCIS respond for a inquiry through liasion?.

EAD/140-receipt date Oct 7 2003.
140 on HOLD since Dec23 2003.(request for RFE).
140 RFE responded April23 2004.
EAD/140 still on HOLD.
Inquiry through liasion for 140 sent on Jun 21 2004.

thanks
-rcodavali
 
My attorney also sent an inquiry through liasion system. I don't know when she sent it but she told me I will hear back on Tues.....Let's see....
 
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