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
My EAD case is also under security check for 9 months!!
I keep calling TSC and they always told me this! But the national center said for EAD there is no need for security check. I don't know what to do, could anyone give me some advice?


Al_aos said:
Security check associated with h1b and EAD. This is the third post Iam reading regarding Back ground check and ead. Is it the new thing. Security check was only associated with Green Card earlier.is it now a new requirement ...
Does it mean all with renewed EADS have Back ground checks cleared.....???
Click to expand...
 
My EAD took 120 days to be approved instead of 90 days. I called the national customer service and spoke with 3 supervisors and they assured me that since my EAD is a renewal (not a new first time issue), I can work as long as the EAD is pending and as long as my employer agrees. When I got my EAD after 120 days, it was backdated to the 90th day.... I suggest you call again, ask to speak to a superviser and get their employee ID for the record. They will tell you that you can work as long as you have applied for an EAD renewal before your first one expired by at least 90 days and that the delay is from their side.

I have a pending I-485 ... but that does not matter



P.S: As of October 1, 2006, District offices will no longer issue a temporary EAD if more than 90 days have lapsed.

Good luck
 
to imigre

imigre
you cannot apply to I485 and for H1B extension at the same time... it is either or... you can only have one status in this country not 2.

My advice.. apply to I485 and work permit based on it ASAP
 
chmm07 said:
My EAD case is also under security check for 9 months!!
I keep calling TSC and they always told me this! But the national center said for EAD there is no need for security check. I don't know what to do, could anyone give me some advice?
Click to expand...

Have you tried contacting your congressman .
TRy the congreeman if that does not contact your Senator.
 
hi chmm07

I -765 go through fingerprint checks and IBIS name check (not FBI name check) . IBIS checks are valid for only 90 days after which they are run again . Check this link for more details

http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_06-06_Nov05.pdf

My case is stuck now for more than 105 days at MSC , i have been asked to come back by local office 90 days from my biometrics date which is next wednesday so i am waiting and hoping. I did send an expedite request and letter to senator but nothing yet. I did apply early about 5.5 months before expiry and i have 2 months still left on my EAD so i donno if that is the reason they are not processing it :( no clue

As for the other post on H-1 B extension you should be able to do that. H-1 B allows for dual intent it is a non-immigrat visa where you can have intent to immigrate. If you have not used your EAD you are still in H-1 B status and can extend it.
 
Dear minn_labor, Hiram, name_stuck,

Thank you for your information and suggestion regarding my H1-B extension vs. EAD application. I think I am going to have my I-795 filed for now. If I do not get my EAD 1 month before my H1-B expires, I will have my H1-B extension filed. Two lawyers who I talked to later also recommended that I do so.

Hiram, you said that I was not able to apply for I-485 and H1B extension at the same time. I assume you meant that I should not apply for them literally at the same time. But, you probably did not mean that I was not allowed to file H1-B extension instead of or in addition to EAD, didn't you?
 
imigre said:
Dear minn_labor, Hiram, name_stuck,

Thank you for your information and suggestion regarding my H1-B extension vs. EAD application. I think I am going to have my I-795 filed for now. If I do not get my EAD 1 month before my H1-B expires, I will have my H1-B extension filed. Two lawyers who I talked to later also recommended that I do so.

Hiram, you said that I was not able to apply for I-485 and H1B extension at the same time. I assume you meant that I should not apply for them literally at the same time. But, you probably did not mean that I was not allowed to file H1-B extension instead of or in addition to EAD, didn't you?
Click to expand...

Imigre,

I think what Hiram might be trying to tell you is that once you use your I-485 your H1b will be useless. I don't think should be any reason why you can't apply for your H1 B extenstion and EAD renewal at the same time. Goodluck.
 
I765 applied for now for 4 months no EAD received yet

Hi all,


I've applied for the I765 last Oct., 06 and they received the application on Oct. 30th, 06.. Asked me to go to the district office for biometrics Nov. 14th, 06 and my old EAD expired Feb. 2nd which is more than 90 days since I applied for the EAD. However I went to the district office to ask them ot issue the Interim EAD and they told me "Sorry we no longer issue any Interim EAD and you need to wait and we're going to send email to the office in Lincoln NB..." however I didn’t receive any emails and my company warned me that they gonna fire me within one week b/c my EAD has been expired.

I went within that week to the district office and I told them I didn't receive anything as they told me it will take 2-3 days to get in the mail. They checked my case on their data base and they told me your EAD has been approved and in it's way to you. I told them I won't move from here till you give me a paper for approval of my EAD. They did so and I took this paper to my company and guess what I still didn't receive the EAD card although they said in this paper that the EAD CARD is ENROUTE to me .... you think that the it takes a month to be received here in US NOW ?? that was on Feb. 8th and approval date was Feb 6th !!! I think they do so b/c they need their project to increase the fees around 86% to be approved from the congress.. if that the reason it will be very cheap way to pass such a project.

I've received a letter for my pending I-485 that I need to wait for the FBI check and that letter I received on Jan 18, 07 and it was written in Dec. 16th, 06 !! and sent on Jan. 16th, 06 means that I took one month to put in the mail, one month on the desk !!! that doesn't make sense !!

someone tell me what's going on and why !! :confused:
 
so local offices are not issuing interim EADs.

Maybe CIS should update the instructions for form I-765 which still mention, on page 8:
If you have not received a decision within 90 days of receipt by USCIS of a properly filed EAD application or within 30 days of a properly filed initial EAD application based on an asylum application filed on or after January 4, 1995, you may obtain interim work authorization by appearing in person at your local USCIS district office.

The instructions
http://www.uscis.gov/files/form/I-765.pdf
were revised on 02/07/2007 (not 20 days ago) so here we have one more shining example of how incompetent these clowns are. Why do they have that in their updated instructions if they're not following that policy anymore?
 
very important question need an answer

today i got the interview letter for my gc for n april and my passport will expire in march shall i renew my passport r they going to stamp my pssport if im approved or they stamp it after 2 years
 
hi Harraz

Did your online status changed to approval when they approve it? Did you see any updates on your case. I am waiting for my EAD too .. today i went to local office since i was asked to come 90 days from my biometrics appt.. (not rcpt date) and she sent an email to Missouri Service Center. I have not seen any updates since my biometrics notice was sent 11/17.. In my case i can not even go to the Missouri service center as it is closed to public .
 
name_stuck said:
hi Harraz

Did your online status changed to approval when they approve it? Did you see any updates on your case. I am waiting for my EAD too .. today i went to local office since i was asked to come 90 days from my biometrics appt.. (not rcpt date) and she sent an email to Missouri Service Center. I have not seen any updates since my biometrics notice was sent 11/17.. In my case i can not even go to the Missouri service center as it is closed to public .
Click to expand...


Name_Stuck,

Did you not have a LUD change after your biometrics?

thanks,
 
Been there & Done that.

pacousi25
First quest, can you renew your passport? if the answer is no, then you will have to take the expired one to the interview, explain to the officer why you can't renew it and make sure to take 4 passport size photos with you. If your application is approved on the spot, they will issue you a temp doc with your photo, unless the background-name-check is not yet completed.
Don't panic, this is a very common situation and you will not loose your GC if your passport is expired. Good luck with your interview:)
 
Ead

hey Hossamny ,
remember me ? i had a couple of posts last month about me not getting a EAD for like 7 months ..as you advised me ,i sent an exprdit request to the MSC ..they send me my stuff back a month later saying that they dont perform expedit requests and that i have to go to my local office
well, i went to philly (infopass) . no luck there ..the agent was rude and said that i have to wait the 90 after the uscis got my RFE and then come back ..but the crazy thing is that it says 60 days on my update and i told him about it
man i don`t know what to do ?????
 
Long time..

ZIZO.
Hey Man, of course I remember you, Sorry to hear that you still waiting on your EAD but if you recall what I said about the effect of RFE on the case, again, at least for my self!For me, RFE= Request For Extra Delay.
my RFE was for my I-485 not for I-765 but they still delayed my EAD, it took almost 6 month for me to receive the card. " I applied july 06 and received EAD jan 07"
buttom line, RFE is bad, , now almost every one is getting delay without RFE so for you and me, we have to go through double delay! Let me ask you, is it 60 days since the received your RFE yet?
Good Luck ZIZO
 
Hello Hossamny,
I have the same situation as you and Zizo. I went to the district office today and the woman asked me to wait when she made the phone call to NBC. Later she told me that I have to wait 90 days after the date of "Biometric"?? Another weird thing she told me is that the EAD is still valid another 30 after the expiration date AND the receipt is valid 90 days for work while waiting for the actual card?? At the end she gave a list of free legal help and suggests me getting a letter from lawyer about the "immigration right to work" so I can show my employer. She seems very confident about this... but did not show me any written evidence...
By the way, I enjoy reading your posts and you have been very helpful!!
I'll post my timeline and details later...
 
hossamny said:
ZIZO.
Hey Man, of course I remember you, Sorry to hear that you still waiting on your EAD but if you recall what I said about the effect of RFE on the case, again, at least for my self!For me, RFE= Request For Extra Delay.
my RFE was for my I-485 not for I-765 but they still delayed my EAD, it took almost 6 month for me to receive the card. " I applied july 06 and received EAD jan 07"
buttom line, RFE is bad, , now almost every one is getting delay without RFE so for you and me, we have to go through double delay! Let me ask you, is it 60 days since the received your RFE yet?
Good Luck ZIZO
Click to expand...

it is 90 days today and i still didn`t get it ..i applied april 06 ..can you believe it ?? next i am going to the USCIS and i am going to ask for a supervisor and try to get something going because this is getting ridiculous !!
 
Finally

Hi everybody,

After third infopass and second biometrics, I got an email that tells

"On March 1, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you......."

On my first infopass app Jan 26, I was told my case was approved and waiting for biometrics. On the same day, I had my bio taken. Later I recieved a mail for biometrics. I went my second infopass on February 15 and officer told me to come for the biometric appointment which was on February 20. I went my biometrics on Feb 20 and waited few days. Then I decided to go my third infopass which was on feb 26. Officer sent an email to MO service center and today I got the email.

Good Luck all and hope you can get your EAD soon.

I-131/765 RD-Oct 27
I-131 AD- Dec 18 (I still have not recieved it)
I765 AD- Jan 24, Card Production March 1
 
Hey beaner

Mine was same situation the lady at local office asked me to come 90 days after the biometrics appt. when i did go 90 days after biometrics she said everything is fine with your application and they are procesing it. I said well if but its well beyond the processing date and i will loose job if they send it late then only she sent email to NBC. well i am now waiting and hoping something to happen.

Beaner said:
Hello Hossamny,
I have the same situation as you and Zizo. I went to the district office today and the woman asked me to wait when she made the phone call to NBC. Later she told me that I have to wait 90 days after the date of "Biometric"?? Another weird thing she told me is that the EAD is still valid another 30 after the expiration date AND the receipt is valid 90 days for work while waiting for the actual card?? At the end she gave a list of free legal help and suggests me getting a letter from lawyer about the "immigration right to work" so I can show my employer. She seems very confident about this... but did not show me any written evidence...
By the way, I enjoy reading your posts and you have been very helpful!!
I'll post my timeline and details later...
Click to expand...
 
Finally, EAD approved, I got an email today that the card was ordered for production on 3-01.

Good luck everybody


Married to US citizen 2002
RD:i485, i130, i765. Dec17, 2006
ND: Dec20, 2006
FP: appointment Jan 6, 2007
RFE: Jan 15, 2007
Sent: Feb 2, 2007, dropped at the POBOX:Feb 8, 2007
LUD:Jan 15, 2007 on I 485
LUD: 'processing wil resume' 02/12/2007
LUD: 02/13/2007 for I485
LUD: 2/27/2007 I 765 yes yes yes
3-02-2007 EAD approved
 
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