Interim EAD

D

desiladka

Registered Users (C)
My EAD expires on 7/10/2005.

I had applied for my EAD in around last week of March.

My RD for EAD renewal is 4/8/2005
MY ND for EAD renewal is 4/13/2005

I assumed that it is the RD date for the 90 day calculation for interim EAD, SO I have made sure I have an appoitment for that on 7/8/2005.

Can you guys confirm that the 90day rule applies to the RD and not the ND.

Also if it is ND, what are my options?

Thanks
 
It's 90 days from when the USCIS receives your application.
But you are still in motion to reopen your case. They will not issue an interim EAD.
 
Last edited by a moderator:
grunggy said:
It's 90 days from when the USCIS receives your application.
Click to expand...

Does that mean that if you furnish them with a proof of FedEx delivery and even if the RD is at a much later date, they will still have to issue to the interim EAD?


Thanks
 
Anybody who has got Interim EAD?

What does Interim EAD look like?

How long is it valid for?

What happens to your regular EAD application? Is it denied or is it cancelled?


Thanks
 
90 days from receipt date. Your question about a later receipt date. Did you mean Notice date. It doesn't matter what the notice date says.
It's the receipt date that matters. That will be on your notice the USCIS sent you.
For the interim EAD it does NOT cancel out your EAD application . You get the interim until they approve or deny the application still pending.

BUT YOU ARE IN MOTION TO REOPEN YOUR CASE. They will not issue you an interim in this case.
You can not legally continue to work.

From Murthy.com
Chat User : If I-485 is denied, can I continue my job once an MTR is filed within 30 days? Is it legal? I do not have any other visas.

Attorney Murthy : A person is not legally allowed to remain in the U.S. based simply on the filing of an appeal or an MTR. Only if and when the MTR is finally approved, is the person considered to have maintained status in the U.S. Otherwise, the individual is deemed to no longer maintain valid status and this could jeopardize the ability to obtain the GC approval down the road. Depending on the reasons for the I-485 denial, it may be worth speaking with a knowledgeable immigration lawyer to consider other available options. For example, it may be possible to refile a new I-485 with an I-140 to avoid accruing unlawful presence and also be able to obtain an EAD and an AP for the principal and all derivative family members. Did your lawyer discuss that option with you? If not, you need to consult with a good lawyer who may be able to help you. If you do not have a lawyer, then you are welcome to contact our Office to consult with us and consider options before settling in as the MTR being the only option available.
 
grunggy said:
90 days from receipt date. Your question about a later receipt date. Did you mean Notice date. It doesn't matter what the notice date says.
It's the receipt date that matters. That will be on your notice the USCIS sent you.
For the interim EAD it does NOT cancel out your EAD application . You get the interim until they approve or deny the application still pending.

BUT YOU ARE IN MOTION TO REOPEN YOUR CASE. They will not issue you an interim in this case.
You can not legally continue to work.

From Murthy.com
Chat User : If I-485 is denied, can I continue my job once an MTR is filed within 30 days? Is it legal? I do not have any other visas.

Attorney Murthy : A person is not legally allowed to remain in the U.S. based simply on the filing of an appeal or an MTR. Only if and when the MTR is finally approved, is the person considered to have maintained status in the U.S. Otherwise, the individual is deemed to no longer maintain valid status and this could jeopardize the ability to obtain the GC approval down the road. Depending on the reasons for the I-485 denial, it may be worth speaking with a knowledgeable immigration lawyer to consider other available options. For example, it may be possible to refile a new I-485 with an I-140 to avoid accruing unlawful presence and also be able to obtain an EAD and an AP for the principal and all derivative family members. Did your lawyer discuss that option with you? If not, you need to consult with a good lawyer who may be able to help you. If you do not have a lawyer, then you are welcome to contact our Office to consult with us and consider options before settling in as the MTR being the only option available.
Click to expand...

MTR was filed and the case was already re-oponed. I guess you did not read my signature. Thanks anyways to let me know that the 90 days is calculated from Receipt Date(RD) and not Notice Date(ND)

Thanks
 
Ead

You may get your actual EAD (not iEAD) if your I-765 is also transferred to Newark along with your I-485. The local office has the power to adjudicate your I-765 based upon a oending I-485 if the I-485 file is with them. In cases where both the I-485 and I-765 are at the Service center (VSC), then they issue iEAD which generally has a validity of 3 months. Good luck!
 
pras01 said:
You may get your actual EAD (not iEAD) if your I-765 is also transferred to Newark along with your I-485. The local office has the power to adjudicate your I-765 based upon a oending I-485 if the I-485 file is with them. In cases where both the I-485 and I-765 are at the Service center (VSC), then they issue iEAD which generally has a validity of 3 months. Good luck!
Click to expand...


I think my 485 is with Newark and my 765 is still with Vermont. What will happen when I go for Interim EAD?

What are the documents that I should carry with me?

Thanks
 
desiladka said:
I think my 485 is with Newark and my 765 is still with Vermont. What will happen when I go for Interim EAD?

What are the documents that I should carry with me?

Thanks
Click to expand...


Your 485 receipt notice, your old EAD card, your passport, 765 receipt notice showing your RD on it. You should be all set to get your Interim EAD within 4-5 hours.

Good Luck!
 
...

I carried my big immi-file. It has all the documents ever issued to me from USCIS and a copy of each. I also carried evidence of current employment. The agent told me that my I-765 was in Cleveland, OH. She placed an order to have the file transferred to Boston. She said it would take a couple days. I came back a few days later and got the actual EAD.
 
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