need help please

C

cennai67

Registered Users (C)
Hi,
my ND for my second EAD is March 10th 2003. i got an RFE on 12th for the same.
my firs EAD expires on July 10th 2003. i went to the local INS (San Bernardino) today to get my interim EAD. they refused to issue and IEAD bcos, the BCIS has issued an RFE. and told me to come after 3 months if i haven't got the EAD from CSC before that.
so will I be able to work after july 10th.is there anyway i could get my interim EAD.what should i do now? what will happen if my employer doesn't agree to take me again after 2 months ?any suugestions welcome.
cennai
 
cennai67,
Have you sent the response to RFE. If not, do it immediately. It might take approx. two weeks for CSC to approve EAD after getting the response to RFE. My wife got RFE for renewal EAD. CSC received response to RFE on May 29th and the case was approved on June12th. Do not delay in sending the response.

sunamb

wac-02-069-XXXXX
 
Send the respone to RFE and make sure INS receives it before Jul10. Once INS receives RFE, you can get the iEAD from local INS office. I got iEAD while EAD was pending after RFE response.
 
Re:

This is scary. I am in the same situation as cennai. My current EAD expires on July 17th and my online status showed RFE yesterday. I am planning to go to santa ana offc for iEAD nextweek.
 
thanks to you all

thanks for the response guys ps123,cs485,sunamb
i mailed my RFE today thru fed ex


cs 485 please let us know your exp. on iead

bye
cennai
 
If you are not changing employer then renewal of EAD is not necessary. There is a clause, I don't remember it exactly but you can ask your lawyer.

As long as your 485 is pending and you have started working on EAD then you can continue to work even after the expiry of EAD.

However, it's necessary if you want to switch the employer.

The employers usually get the I-9 form filled from the employee. They can enquire about the status of the person from INS if they want to.

My EAD expired on 15th May 03 and the renewal got approved on June 11th. I'm still working.

Hope it helps.
 
Re

Cennai, What additional info did they request. I'll post the details after I for my iEAD.

Regards
 
You can continue to work

I had the same problem last year.. There are couple options.

1) Continue to work, but do not get paid until you get the EAD in hand. This works for Consulting folks, since u can do your timesheets to the client, and your employer gets paid. But you do not receive the pay check till the approval, and then ge back paid.

2) Like ps123 has said, once INS receives the RFE response, check back with local INS, they might be able to issue an iEAD.

3) Take the risk and continue to work. I do not see an issue, because INS will back date your EAD on approval. Meaning, let's say it gets approved on July 20th, they will still mark the effective date as July 11th (last EAD EXPR DATE + 1 DAY). This happened to me, they approved 4 months after my 1st EAD expired, but back dated it.

You will be fine, and good luck..
Ramesh
 
Hey hey be careful and take a good lawyers opinion. This could have serious consequences. If the person is found working illegally during that period it could affect the GC. So whatever everyone says with good intentions ofcourse be careful and check with a good lawyer.

If you have replied to the RFE in 90% of the cases u should be approved soon so hopefully you dont have to go through any other route..
 
thanks guys for ur response
i spoke to my paralegal. she told me to stay out of payroll until i get my EAD and then get paid for that.(like what ramesh has told)
she told me to do it as a volunteer service.

cs485- the RFE is so stupid. they have asked for the I140 Notice of action. that is the only document they asked for.

we'll wait and see.
cennai
 
cs485,
I would suggest you wait till you get the RFE letter and respond to it, before you go for iEAD. You should be getting your RFE notice in a couple of days. Send the response immediately. Since your current EAD is valid till July 17th, there is every possibility that your renewal gets approved before that. You can also think of going for iEAD after BCIS receives your response (maybe during first or second week of July). The chances of getting iEAD is more if you the response is already received by BCIS.

Good luck,

sunamb

wac-02-069-XXXXX
 
Received RFE

Thanks for your suggestion sunamb. The following is the text in the RFE:
"Submit a copy of I797 approval notice ir receipt notice(Notice of Action Form I797C) for I-140,I-360 or I-526 that was approved in your behalf. If your have filed as derivative alien, soubmit your spouse's or parent's I-797 blah blah blah"

I guess they need copy of I-140 approval or are they asking anything else??. I think I-360 is for special immigrant and I-526 is for alien entrepreneur.

Cennai,
To which address did u Fedex the response. The attached return mail cover has a address which is POBOX. I guess fedex doesnt deliver to POboxes.

Thanks
 
cs485,
my lawyer strictly told me NOT to mail it in the mail cover they sent.
mail it thru fedEx in such a way they receive the letter in the morning around 10.30 or something like that.


i put the documents they asked (same documents they req for u)
in the cover they sent and then put that in fedEx cover

the address is

Bureau of Citizenship and Immigration Services
California Service Center
24000 Avila Road, 2nd Floor, Room 2302
Laguna Niguel, CA 92677

good luck
cennai67
 
cennai67,

is there a reason why RFEs should not be sent in the provided envelope? Now you're scaring me.
 
Hi Cennai

I replied to RFE for EAD just last week. I used the enclosed envelope which has the "INS...." address on it. I sent it via priority mail and the online message has changed to "RFE recieved....". So I guess it did reach the right place.

I think the confusion is regarding the address on the envelope which is "INS..." and not "BCIS...".

I had the same confusion but my lawyer advised me to use the provided envelope and others on this board also suggested the same thing.

sw28
 
CS485,

*************************************************
I guess they need copy of I-140 approval or are they asking anything else??. I think I-360 is for special immigrant and I-526 is for alien entrepreneur
*************************************************
You are right. Its the copy of your I-140, approval they are asking for. As I mentioned in some other thread, these idiots take copy of a word document they have for RFE and send them in random, just for fun :) Many people got the exact same RFE for EAD, even though these documents were attached along with the application.

sunamb

wac-02-069-XXXXX
 
Re:

Replied to RFE and sent it bye overnight to the address cennai gave to me. Lets see how it goes. Iam planning to go for iEAD on July 7th. Hopefully, the EAD is approved (heights of optimism :D )by that time.

Cennai, please post if you have any updates.

Thanks
 
Sw28- thanks for sharing the info. can u please tell me how long it took for them to update the status after u sent the RFE bcos mine is not updated yet.

ruxrux- i think my lawyer told me to send it via FedEx bcos
1.to make sure someone in INS receives it
2.my EAD will expire in abt 3 weeks. so to make the process a little bit faster.
3.in my lawyers office they always use FedEx for whatever documents they mail to INS.

these r the reasons i could think abt bcos i didn't talk to my paralegal after she sent me the email"not to use the mail they sent"she also didn't mention the reason.
sorry abt that. but dont worry. everything will be fine for u.

cs485- no updates so far.will let u know when my status changes.

thanks for everyone for sharing ur valuable information

cennai
 
cennai

I think it took 2 days from the day BCIS recieved the package for the message to change to "RFE received..."
 
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