Most Same-Day EADs and Advance Paroles End
- Thread starter Silly Man
- Start date
140_takes_4ever
Registered Users (C)
AP and EAD are taking for ever
It has been over 2 months since I applied for AP & EAD. Still nothing in sight. Now that the Emergency EAD's and AP's are no longer an option, I would imagine a lot of people being inconvinenced by it. What are people with genuine family emergencies to do?
Does anyone know if these arbitrary decisions of INS can be appealed in a court of law? Isn't the humane treatment of immigrants a legal requirements?
It has been over 2 months since I applied for AP & EAD. Still nothing in sight. Now that the Emergency EAD's and AP's are no longer an option, I would imagine a lot of people being inconvinenced by it. What are people with genuine family emergencies to do?
Does anyone know if these arbitrary decisions of INS can be appealed in a court of law? Isn't the humane treatment of immigrants a legal requirements?
Silly Man
Volunteer moderator
I think the people who be really hurt by this would be who have already changed their jobs waiting for their 485's. Considering the large number of people waiting for so long, this percentage would be horrendously big. Which would mean that corporate america would be discomforted (only when it's too late) by the fact that they would have to file for their H1's or let their employees go on leave while they donot get EAD renewal which is not gonna be quick.
The only solution to this is, various H1b hiring corps need to get together and appeal that this screwed up immigration policy and organization is hurting BUSINESS.
The only solution to this is, various H1b hiring corps need to get together and appeal that this screwed up immigration policy and organization is hurting BUSINESS.
I and my wife could be the victims of all this.
We just filed for EAD renewals three months prior to expiration having in mind that we gonna be approved soon anyway, but if this does not happen before EAD expiration we hoped for same-day iEAD.
Now what? Perhaps I will need to take care about brand new H1. And my wife will have to leave her job.
We just filed for EAD renewals three months prior to expiration having in mind that we gonna be approved soon anyway, but if this does not happen before EAD expiration we hoped for same-day iEAD.
Now what? Perhaps I will need to take care about brand new H1. And my wife will have to leave her job.
140_takes_4ever
Registered Users (C)
Hard Luck!
Stain,
Hard luck, really sucks to be in this situation.
I am not totally convinced that INS can shut down emergency AP's though. I am sure someone will sue on that.
Stain, have you talked to a lawyer about this, and if so could you share the information. I am not sure that all iEAD work has been stopped. I suggest you go ahead and apply for iEAD if you can. While you might not receive it on the same day, atleast you can get it in the due course of time (say a month or two). From SillyMan's earlier post, it says FBI will run a name scan. Hopefully it doesn't sound/rhymne or spell like Osama, et all. And you should get away without a flag. That might mean your case will be processed inside 21 days.
Good luck
Stain,
Hard luck, really sucks to be in this situation.
I am not totally convinced that INS can shut down emergency AP's though. I am sure someone will sue on that.
Stain, have you talked to a lawyer about this, and if so could you share the information. I am not sure that all iEAD work has been stopped. I suggest you go ahead and apply for iEAD if you can. While you might not receive it on the same day, atleast you can get it in the due course of time (say a month or two). From SillyMan's earlier post, it says FBI will run a name scan. Hopefully it doesn't sound/rhymne or spell like Osama, et all. And you should get away without a flag. That might mean your case will be processed inside 21 days.
Good luck
No they may not reject
Stain,
I read on this board that iEAD has been approved in SF before it was 90 days since filing for renewal.
Also it stands to reason for rejection if they are issuing EAD on the spot, if not how can they refuse to take an application? So its better if you apply for iEAD well in advance, may be a month in advance.
I am wondering what I should do. I got iEAD at SF on 10/21 valid till 1/20/03, but the EAD renewal still did not happen. So will the INS take one month for 2nd iEAD because of still pending 2nd EAD application which was filed 95 days prior to the expiration date of the 1st EAD which was necessiated by the 485 pending since 05/2001?
Its very frustrating to say the least. Some people on this board (in a different thread called " I want to be a cuban..." ) had gall to suggest that INS is doing a fair job.
Stain,
I read on this board that iEAD has been approved in SF before it was 90 days since filing for renewal.
Also it stands to reason for rejection if they are issuing EAD on the spot, if not how can they refuse to take an application? So its better if you apply for iEAD well in advance, may be a month in advance.
I am wondering what I should do. I got iEAD at SF on 10/21 valid till 1/20/03, but the EAD renewal still did not happen. So will the INS take one month for 2nd iEAD because of still pending 2nd EAD application which was filed 95 days prior to the expiration date of the 1st EAD which was necessiated by the 485 pending since 05/2001?
Its very frustrating to say the least. Some people on this board (in a different thread called " I want to be a cuban..." ) had gall to suggest that INS is doing a fair job.
Last edited by a moderator:
I saw this link
http://www.murthy.com/UDhed802.html
which says
"If renewal EAD applications are filed before the expiration of the existing EAD, they are supposed to be approved back to the prior expiration date to avoid any lapses in work authorization.
"
So even if EAD renewal does not come through by expiration date, wouldnt we still be authorised to work? Has anyone else heard about this?
http://www.murthy.com/UDhed802.html
which says
"If renewal EAD applications are filed before the expiration of the existing EAD, they are supposed to be approved back to the prior expiration date to avoid any lapses in work authorization.
"
So even if EAD renewal does not come through by expiration date, wouldnt we still be authorised to work? Has anyone else heard about this?
140_takes_4ever
Registered Users (C)
Apply for iEAD early!
I think you should be able to apply for iEAD early even if your application hasn't been pending for over 90 days. With the delays predicted in the approval process for iEAD (which is beginning to as much time as the actual EAD), I don't see how they can reject you on the basis that 90 days are not up.
You have some rights as Adjustee's whether INS recognizes them or not! And that is the right to work for your livelihood.
I think you should be able to apply for iEAD early even if your application hasn't been pending for over 90 days. With the delays predicted in the approval process for iEAD (which is beginning to as much time as the actual EAD), I don't see how they can reject you on the basis that 90 days are not up.
You have some rights as Adjustee's whether INS recognizes them or not! And that is the right to work for your livelihood.
Silly Man
Volunteer moderator
Well 140, we've all seen Immigrants rights been flushed thru the toilet before.
I think the fact that mkvn pointed out, makes sense, but I would want to see that translated in action before I pin my hopes on it.
Y'know INS knows how to flout rules, and they will do so irresponsibly. They haven't shown much care about if we earn our livelihood till date, I don't think they will ever care about it in the future, and yea you can appeal in the court of law (which gives compensation for hot coffee anyway). And you fight and pay for lawyers, while you donot have a job and are out of status (maybe). Fun Fun.
I think the fact that mkvn pointed out, makes sense, but I would want to see that translated in action before I pin my hopes on it.
Y'know INS knows how to flout rules, and they will do so irresponsibly. They haven't shown much care about if we earn our livelihood till date, I don't think they will ever care about it in the future, and yea you can appeal in the court of law (which gives compensation for hot coffee anyway). And you fight and pay for lawyers, while you donot have a job and are out of status (maybe). Fun Fun.
140_takes_4ever
Registered Users (C)
Agree with you on that!
I agree that INS frequently flouts rules and norms but here is a piece of good news
http://www.immigrationportal.com/showthread.php?s=&postid=395540#post395540
As per the above post, RaviSimi actually walked into the San Jose INS office and received his & his wife's iEAD on the same day. So that is terrific news. Don't know how long it will hold, but I suggest people who need the same go ahead and apply.
Stain, you might want to check out the above link since it could help you in case you decide to apply for iEAD.
I agree that INS frequently flouts rules and norms but here is a piece of good news
http://www.immigrationportal.com/showthread.php?s=&postid=395540#post395540
As per the above post, RaviSimi actually walked into the San Jose INS office and received his & his wife's iEAD on the same day. So that is terrific news. Don't know how long it will hold, but I suggest people who need the same go ahead and apply.
Stain, you might want to check out the above link since it could help you in case you decide to apply for iEAD.
140_takes_4ever
Registered Users (C)
SillyMan,
Please don't even raise the specter of you not receiving your approval by May! I expect you to be out of the grindstone by then or else we are all going to be in for a very long ride. You are right on the brink of the approval cliff. So if you don't get approved by May, people who have filed their AOS in the past few months might need to wait YEARS!!
Here is hoping you get good news soon!
Please don't even raise the specter of you not receiving your approval by May! I expect you to be out of the grindstone by then or else we are all going to be in for a very long ride. You are right on the brink of the approval cliff. So if you don't get approved by May, people who have filed their AOS in the past few months might need to wait YEARS!!
Here is hoping you get good news soon!