Interim EAD Issue, Help please...

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HelpVem

Registered Users (C)
Interim EAD Issue

Hi,
We applied for EAD 100 days back. Since we did not get it we went to local INS for an Interim EAD. They are saying they cannot issue EAD because our "485 is under Review". They are not saying what they mean by review and how long will it take for us to get the EAD. Our Drivers licenses expired because our EADs expired.We have a very sick child that needs weekly transportation to hospitals and a lot of medical bills obviously. Did any one face this problem of 485 being under review? Any suggestions?
 
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Hi:

We applied in Jan 2005, have not received ours..same info as yours.."security review" If you are on H1-B then you can continue to be on H1-B and use that for license etc. If not..then you can talk to your senator/congressperson and explain your kids health grounds. Probably they may be of some help.

Best wishes.
 
I am sorry to hear that.

I am sorry to hear that.
Is that your first EAD application?

Best wishes,
 
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rajavemuri25 said:
They are not saying what they mean by review
Click to expand...
Did you file your I-140 concurrently? If yes, then they may have put your I-485 on hold if there are issues they are reviewing with your I-140 Thus causing your EAD and AP to also be put on hold. This is what happened to Chongyip on this forum last year.
 
This is our 4th EAD and our I140 is already approved. They seem to be not caring about my Sick child. The DMV is not understanding that we are still in legal status.
 
rajavemuri25 said:
This is our 4th EAD and our I140 is already approved. They seem to be not caring about my Sick child. The DMV is not understanding that we are still in legal status.
Click to expand...


Well the problem is the rules at DMV change from state to state. Try to show them the copy of 485 instead of EAD for it .... as 485 gives U the legal status to live ( not work) until it is rejected.

How about international drivers license?
 
rajavemuri25

We are also had the same situation for Driver's license since our EAD is one yr old the license which was issued for the same valid period. But don't worry boss your approval will be anytime within these 60 days..don't loose hope you sound very frustrated.. :cool:
 
Here is something that can help.

HelpVem said:
Hi,
We applied for EAD 100 days back. Since we did not get it we went to local INS for an Interim EAD. They are saying they cannot issue EAD because our "485 is under Review". They are not saying what they mean by review and how long will it take for us to get the EAD. Our Drivers licenses expired because our EADs expired.We have a very sick child that needs weekly transportation to hospitals and a lot of medical bills obviously. Did any one face this problem of 485 being under review? Any suggestions?
Click to expand...


Well here is something that can help U...

My wife showed here EAD last time and she got the D/L with expiry date that was on the EAD card.

Second time she went with 485 receipt notice... and 140 approval notice (not needed)... she got it for 4 years.
( U need other things like ID,residency proof or past d/l etc)

Acutally EAD is just a work approval it says nothing about the legal status.. The 485 notice says that U are legal .. so they give U D/L.

Hope this help ..
Good luck with it and I hope that Ur son gets better very soon.

Billtoo.
 
Hi Everybody,
First of all thankyou very much for your suggestions. We live in Richmond, Virginia. We went we a letter from attorney, then we went with 485. Nothing seems to be working. They just want something with an end date that's all. DMV is not considering anything. We called INS and went to local INS 3 times nothing working. No one is explaining us what's going on and how long we have to wait. We cant even go back to India because of my infant's health issue, he cannot fly for that many hours. We took a doctor's letter to INS too. They are saying they sympathise our situation but cant do anything. Just want to know if any body had this problem with EAD and how long they had to wait to get their EAD or 485.
 
Go Penn or Mich

HelpVem said:
Hi Everybody,
First of all thankyou very much for your suggestions. We live in Richmond, Virginia. We went we a letter from attorney, then we went with 485. Nothing seems to be working. They just want something with an end date that's all. DMV is not considering anything. We called INS and went to local INS 3 times nothing working. No one is explaining us what's going on and how long we have to wait. We cant even go back to India because of my infant's health issue, he cannot fly for that many hours. We took a doctor's letter to INS too. They are saying they sympathise our situation but cant do anything. Just want to know if any body had this problem with EAD and how long they had to wait to get their EAD or 485.
Click to expand...

Since they have associated the word "security" with Ur 485... no one can tell when that will get oked.

Is it possible for U to change the state --
1> Pennsylvania will give U 10 years of D/L once U show them 485.
2> Michigan will give U 4 years of D/L once U show 485.

Other states ... readers pl contribute.

They must have got something wrong at Virginia.. see techincally EAD is based of 485 and it only permits U to work.
The legal status is determined by 485 ..Say Ur spouse ... if he/she does not want to work there is no need to apply EAD ... but he/she is all legal if 485 is filied.
 
My sympathies are with you.
I had a similar issue , but my EAD got approved. I called INS about my 485, I was told (and sent an email) that it was under "active review by an officer"
I applied EAD at the same time but it got approved. PLEASe contact your senator , I am sure they will be able to help. This is outrageous!!
 
HelpVem,

Is your son a naturally born US citizen? If yes, then you should go to Senator office.. then you have a very strong case.

Even if he is not you should go to the Senator office and explain your situation on a humanitarian basis.

I have read that with security review, many Senators/ congressperson shy away.. but you have a strong ase
 
HelpVem, sorry about your situation. But I am just totally lost about why you couldn't get your interim EAD. The explanation from your local USCIS just doesn't make sense at all. "485 under review", what is that? Our cases are all under review, this is why we apply for EAD.

I remember I read from Vermont Center threads, there were issues about not being able to get interim EAD. But those were all first time applications and most of them were from New Jersey. I had a impression that USCIS was investigating something on cases applied from New Jersey companies. You can find those posts from Vermon Center forum. Are you from Vermont Center too since you live in Verginia?

As most of other people suggested, the best way to get over this is to write to your senator or congressman! Good luck!
 
We are Nebraska Service center, but right now we are in Virginia. Yes, my son is a US citizen. I have a suggestion of all the people out there who applied for 485. Don't go on EAD unless it is unavoidable. As long as possible stay on your H1. When it comes to INS you can never be sure about anything. We thought getting Interim EAD, especially after 140 approval is the most easiest thing, but now we know.
I guess we have to just wait for INS to take it's time. I hope our experience will help atleast some people know that you should not completely rely on EADs.
 
Finally got temp EAD for 3 months. Hopefully we will get our EADs by then. Thanks to the congress man Eric Canter he saved us from the misery temporarily.
 
HelpVem-
what additional documentation you provided to INS to get a Temp EAD? Looking at your previous posts, it seems INS did not entertain any of your earlier requests?

My wife is in exact same situation. Her EAD is pending (88 days, today). She is planning to go to INS on 91st day to apply for a temp EAD.

your feedback is appreciated.
 
We just provided the proof that our baby is in ICU to the Congressman and he contacted INS. This did not work when we provided the proof directly to INS. Infact nothing seemed to work untill the congressman talked to them.
 
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