My I-485 Processing Time & Location Question

M

MrMystery

Registered Users (C)
Hi,

I am trying to figure out my likely processing dates, as I suspect my current TN visa is going to expire (on Oct 2nd) before I get my EAD or can apply for an iEAD.

My receipts all have MSC prefixes on them, but the National benefits center does not have any times for I-485's. I live in Houston, TX... where does my I-485 get processed?

The processing times at the uscis site below show they are currently processing applications with a notice date of June 21, 2006. I looking at other people's signatures with similar situations (same forms mailed to Chicago Lock Box in June), it looks like EAD's are taking about 70 - 80 days. 80 days would put me right on Oct 2nd :)

https://egov.immigration.gov/cris/jsps/NBCprocesstimes.jsp?

I am assuming that when my TN Visa expires, I will not be able to work until I get an EAD or iEAD?

I am a self employed contractor (sole proprietor) with no benefits or holiday pay, etc... who works for an large Oil and Gas company through yet another contract company. Can I volunteer my time at my usual place of work (or from home) after my TN expires?

According to the letter I received from USCIS, because I didn't send in my medical information (I-693 +supplment) I am unable to apply for an iEAD until 90 days after my medical info was received, which would mean I cannot apply until December 4th. By that time, hopefully my EAD will be processed, or I might even have my interview!

Can I go back to work with only an email notification in hand? It's not like my HR department cares or needs proof.

Thanks in advance for any answers or comments.
 
Look at the processing times for your District Office for I-485 processing times. I-485 gets "pre-processed" by NBC, then transferred to your DO for final adjudication. Note that many are getting interviews before the date for I-485 processing for their DO on the website.

I'm not familiar with a TN visa, but if it allows you to work, then its expiry will mean you have to wait for EAD or Green Card before you can work again.

As for the iEAD, the best advice is to try anyway to get one at the 91 day mark. Many have had success doing this despite an RFE.
 
PS - when you say "email notification" do you mean notification that your EAD has been processed? If so then yes, you can work after getting this email, I-9 rules state you have 90 days from signing the I-9 to show your EAD, if you can show that you are employment authorised (my work accepts that the online case status showing approval is good enough).
 
Yes, once your TN expires you cannot work until you get EAD or iEAD. Until then you're SOL unfortunately :(

You can try making an INFOPASS appt., though, for 90 days after your original received date. My understanding is people are still getting an iEAD after the 90 day date despite having an RFE and getting the dreaded line about not being able to apply for interim employment until 90 days after USCIS receives RFE. I unfortunately got an RFE as well and my TN expires the end of November. I've already sent my response back for the RFE, but once I'm closer to the TN expiry I'm going to make an appt for an iEAD (if I don't have an EAD yet) and try anyways, even though I technically would have to wait a couple weeks after my TN expires.
 
Update Sept 14, 2006!

Thanks a lot for your responses!

I am going to make an Infopass appointment for my I-765 Receive date + 91 days, which should be October 9th. I have read that it might help to have a letter from your employer, so I will plan to have one just in case it helps.

dr_lha - yes, "email notification" did mean notification that your EAD has been processed (and hopefully approved)? Thanks.

I have received email notification for my RFI documents (I693 + supplement - medical info) on my I-485 :

"On September 6, 2006, we received your response to our request for evidence or information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case. "

That sounds positive.

Hopefully that means that my I-485 cannot hold up my I-765 anymore. With the latest processing dates (Sept 8, 2006) for the National Benefits Center showing they are processing application that were received on June 21, 2006 it's going to be interesting to see if I get my EAD before my TN Visa expires on Oct 2nd.

<Crosses Fingers>
 
Just to warn you that DO's have stopped giving out interim EADs, so don't expect to walk out from the Infopass with one. However they should try to expedite your case with the NBC.
 
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