Life Without Interim Ead

Should USCIS reconsider the new NO interim rule?

  • Yes

    Votes: 137 87.3%

  • No

    Votes: 14 8.9%

  • I Don't know?

    Votes: 6 3.8%
  • Total voters
    157
Some anxious news

Hello to All, first time in this.
In short filed an EAD renewal back in May 06 as the RD says pursuant to c3 married and husband to USC. I lost the count of my previous EADs
still pending.
Did all of the steps ( i.e. called 800. many times, info pass apts, etc., Lawyer$) No result.
I am unemployed. Job offer was dumped due to lack of work Authoriz doc. Have 2 US kids and one of them is chronically ill. I just cancelled her apt with doc. Can't afford it....
This is only part of the story I 485 stuck in NC for many years.

Regards
 
Have you been given any reason why it has not been processed? What happened when you went for infopasses?
 
Yes - decision delayed Until completion of background check
Just a note: I have no criminal record
it looks to me the I 485 NC cancer has metastized to I 765 EAD now which explains the eradication of interim EAD
 
Did You ....

victim01
did you send a letter to explain to USCIS the hardship that they cuase to you and your kids? also, did you try to reach out to your congressman?
If you had EAD renewal in the past, I don't think that this one should be a problem. sometime your application get lost!! my last renewal took me more than 6 month, I did a lot in my part to push them and I never gave up.
 
LUD date change, but nothing else!

jimothy said:
CIS will usually forgive any working without EAD on your part as it is the employers responsibility. Your employer could techncally be fined if they investigated during that time.

As far as the application time goes, I think a lot of us are in the same boat this year. CIS is now recommending applying 6 months before the expiry date would you believe.
Click to expand...

Considering I have only one more day left on current EAD, today the system changed the LUD to today's date, but no change in content or message. And no renewal EAD card in the mail.

Of course, this could mean somebody has touched my file but certainly done nothing about it. An attorney I spoke with said it is best that I go on unpaid leave from work until I get my new EAD. This is very tough for me.

I have asked the congressman's office to send an enquiry but understand that if USCIS has not touched my file so far, the actual card is still a few weeks away. Many choice words come to mind for USCIS but I will avoid using them here...
 
It's a matter of few days only

GC_TRAP
your card should be on the way to you...my case was the same as yours, LUD without change of the message doesn't mean that nothing happened, it means that they did something and the system will reflect this new changes later on.
keep an eye on your LUD it should change again, monday or tuesday and then the message will follow,
If you can call the 800# and ask them to transfer you to an immigration officer, only officers have access to the screen that shows the current-real- status of the case, not the screen that customer service can see(which is the same screen that you have access to)
Good Luck,
 
I hope you are right...

hossamny said:
GC_TRAP
your card should be on the way to you...my case was the same as yours, LUD without change of the message doesn't mean that nothing happened, it means that they did something and the system will reflect this new changes later on.
keep an eye on your LUD it should change again, monday or tuesday and then the message will follow,
If you can call the 800# and ask them to transfer you to an immigration officer, only officers have access to the screen that shows the current-real- status of the case, not the screen that customer service can see(which is the same screen that you have access to)
Good Luck,
Click to expand...

I tried calling the 800# and requested to speak to an immigration officer but was refused. The lady suggested that I take an INFOPASS appt. to go to the district office (180 miles away) and speak to an immigration officer. She would not say anything about whether I could still work for a few days on an expired EAD. These Cust. Reps. are really worthless, just a facade for USCIS to show that they are in "touch" with their customers.

I will contact my HR dept. today and request an unpaid leave for a few days until this mess is sorted out. Rather unbelievable for me, as I never imagined that it will come to this impasse...as almost all of my updates/renewals in the past came through well in time.
 
rfe

hi guys im from ny im f1 married to usc
-25/8/06 i applied for i765 and i485 i130 i131
-i had my fp 25/9/06
-i got rfe 26/9/06
-uscis received the rfe on 14/11/06 witch it was medical exam i-693 and english translation of birth certificath and w-2s
- today is the 24/1/07 and my case status hasnt chnged yet they r still saying on september 25 we mailed you a notice requesting additional evidence ............
-i called the 1800 number many times they didnt help me at all
-i went to a local imigration office with an infopass and they didnt help me
- i sent a letter to missouri national benifets center and nothing happend yet what should i do
 
Twiddling thumbs!

So, this is what it feels like to stay at home twiddling thumbs, THANKS to the massive and gross negligence and inefficiency of the MORONS (and I say it with full grit) at USCIS.

Unpaid leave is a strange feeling, esp. if it's the first time you are on it. Weird explanations are needed at work, awkward looks are given, and more questions about one's legality are raised. Overall, not a welcome situation.

Henceforth, I feel like referring to USCIS as morons only, but it will be doing injustice to the word, and also may make some at USCIS swell with pride at such an epithet.

However, whatever movement that I have heard about (despite zero updates from USCIS), has only been possible because of local congressman's office getting involved. They were extremely helpful in enquiring and updating me as to what the current situation is. Apparently, the M's (you know who) have sent the card into production. It still could take a week, or two, or more before it lands in my mailbox. Until then, suffice it to say, I would have perfected the art of twiddling thumbs, something the M's thought they alone had mastered...
 
Congrats on at least getting the card into production. If you don't mind me asking what was the receipt date on your application. I am trying to gauge when mine might finally be done. Unlike your experience my congresswoman's office has been very unhelpful suggesting that USCIS may go over the 90 days by two to three weeks and that the 90 is only a guideline, not a rule. Very disappointed.
 
On Same Boat

Guys I am on the same boat. My 91th day of wait is approach and I have heard/seen no sign of EAD coming (called #800/Infopass 1000 times etc). So question is its 90 days from Received date or 90days from the freaking Notice date? And my case resting at "MISSOURI SERVICE CENTER location" any1 knows where it is to send the expedite letter. Please help or else I have to pass on a very good job offer in Fed. 5th
 
It will be when it will be...

Jimothy,

The RD date was 10/24/06 even though the application was sent seven days before that. But the Morons sat on it and baked it well before putting it into the system (only they know why the delay happened).

If I had not heard anything positive from the Congressman's office, I defiinitely would have pursued the INFOPASS option and would suggest the same to you as well. Technically, on Day 91 you can get adamant about an interim EAD. Sorry, that your Congresswoman's office is not that helpful (maybe they get too many of these requests and have become insensitive to the pain people go through).

If you do pursue INFOPASS, I have heard that it's very highly recommended that you "HAVE" a letter from your employer stating that you cannot be allowed to work without a work authorization (or some such format).

fantomknight, I'm pretty sure that 90 days is from Receipt Date and not Notice Date. In this same thread, maybe on Page 6, there is a "sample" letter for those who want to send a request to USCIS to expedite their case. That letter and address is what I used. Though how much difference it will make is anybody's guess.

Separately, I wish that somebody sues the M's a** on the 90 day delay on renewal EAD's. After all, it's no different than buying a confirmed plane ticket on a certain flight and then being told few minutes before the flight that we cannot give you a seat, and that you wait for another flight at an unspecified date. We apply over 90 days in advance becuase that's what the M's have asked us to. Then, they turn around and don't honor their own mandate.

LESSON LEARNT: While the elusive greencard may be months/years/decades away, it is important to apply for renewal EAD at least 105 days or more (so the RD is at least 100 days before EAD expiry) in advance before the current one expires. This will give one ammo of extra 10 days to descend on the local district office on Day 91 and request, nay, demand an interim EAD.
 
Thanks much

Thanks so much for the info, letter format, and everything guys. These USCIS f*keen idiots made my life so miserable from all the namecheck shhhh to this EAD I've turned down a few awesome job offers and about to lose the best one on Feb 5th because of this freaking rediculous delay that I have no clue whats going on inside. How come life is so depedant on these doc shhh and we have no control over them at all and our lives being handled by these dumbazh. Back to the topic, thanks for telling me its 90s from the Received date because my Notice date is like a week after.
I wish you guys best lucks and congrats to all who able to work now.
 
To comfort those who are like - getting their renewal after 4+ months or non at all - I have asked my lawyer once about my EAD getting late and if I can work or not.. he told me that IRS does not care because you have responsibilities and it won't affect your status... thats what he said.... my case is based on marriage to USC.... not sure about other cases

As some guys mentioned previously that if your employer does not care then it's good, keep working because you have family to support.

I have worked almost few weeks without my EAD because it was still processed. I was a contractor at the end client. My consulting firm was nice enough to accept the Receipt notice or the E-file print out to let me continue working....

Currently i am directly employed and the HR said they will give me 90 days after my EAD expires and then they will have to let go.... any advice guys.....

My current EAD was received on Nov. 1st but it shows up on the system as RD 11/07/2006. I received my bio letter about 1.5 months after the received date and my finger prints were taken on 12/28/2006.... NOW the LUD is showing to be 12/31/2006... is this LUD because of the finger print appt or is it because of something else...

Thanks guys for your awesome job here...
 
The CIS regulation regarding EADs and interim EADs is 8 CFR 275a.13 (d) which states
"(d) Interim employment authorization. The district director shall adjudicate the application within 90 days from the date of receipt of the application by the INS, except in the case of an initial application for employment authorization under §274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and §274a.12(c)(9) insofar as it is governed by §§245.13(j) and 245.15(n) of this chapter. Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days. Such authorization shall be subject to any conditions noted on the employment authorization document. However, if the director adjudicates the application prior to the expiration date of the interim employment authorization and denies the individual's employment authorization application, the interim employment authorization granted under this section shall automatically terminate as of the date of the director's adjudication and denial.".

So the timeframe is 90 days from the date of receipt of the application by INS and after that period they are required to either adjudicate the EAD or issue an interim EAD. Now their reply at the moment will likely be that no interim EADs are produced any more. However, at the end of the day they are still bound by the regulation which states that you must have a clear decision or some form of interim approval within that time frame.

I had a very disappointing day yesterday because my congresswoman's liaison, who is an immigration attorney, told me that the 90 day period is a guideline. This is clearly not the case. I am now psyching myself up for next Tuesday when undoubtedly the DO will try and tell that it is not thje law either.

As far as suing I know there are moves afoot to mount a class action suit against CIS. In particular the American Immigration Lawyers Association is trying to gauge interest. Obviously that isn't going to be a quick solution but maybe its time that we stood up and made sure CIS know they have to follow the law the same as everyone else.
 
Hassan2007

Abo Aly,
your FP might be the reason you see LUD, it could be also a signal for a coming approval on the way. when they are approving an I765 case, it takes 2 to 6 LUD changes-Continually- may be with a day or two Difference between each LUD.
You didn't say when is your current EAD will expire?
Good Luck..
 
Hossam,
Thanks for your help man. You're doing a great job for all of us...

My current Interim EAD will expire on Feb. 07th. I already got two infopass appointments on Nov. 6th/7th. I am going there to really give them a hard time till they give me something realistic.

Last year, they started telling me that there's no more interim EADs and I said no way, twice they gave me interim EADs for 2006. I think thats why I did not t get the Oct. 10th 2005 EAD because I already got 2 interim EADs instead...

Good luck to you Hossam...

I like this "Abo Aly"
 
It's getting uglier...

Not working and being on unpaid leave is hard enough, now other complications are happening. There is this big seminar in town starting Monday that I have to cancel now because the stupid, crap of a card has not arrived yet. Company stands to lose good money and will certainly not be pleased because of it.

Company says that they cannot allow an unpaid leave employee to go to it. Now, I'm really getting mad, but unfortunately, cannot take it out on anybody. I can't even say that I'm at fault as I sent all my paperwork 95 days before the expiry of the current one.

The MOFO's at USCIS are 100 percent responsible for my quandary but they are above and beyond any scolding. Maybe my lawyer should not have suggested that I take unpaid leave. Maybe I should have gone for INFOPASS anyway, even though it seemed the card had been approved on Day 89 and was ordered into production. Lots of maybes....

Maybe the production process is outsourced to china and so it will take upto 30 days for the ship to bring it back from there. Aaaarghh....

It would be funny if it did not make me so mad...
 
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