SOS regarding EAD card.

L

leonse

Registered Users (C)
Hi all,

My EAD application has been pending for more than 90 days and my current A5 card will be expire at the end of next week. What should I do? Quit the job next week? By the the way, I get monthly pay check. Will INS check my pay stub before they appove my 485 application (Based on asylum)? If I work after my EAD expires, what\'s the worst case?

Thanks in advance for any information.
 
No Title

Hi leonse,

 Where did you send your EAD renewal application to? Did you get a receipt from them?
 Technically you do not need to quit your job because the Immigration and Naturalization Service (INS) now considers aliens granted asylum to have permanent employment authorization (as long as their asylee status is still valid of course).Please read these sources:

ORR Letter can be found here:
http://www.acf.dhhs.gov/programs/orr/ssnasylee.htm

SS-5 form can be downloaded from here:
http://www.ssa.gov/online/ss-5.pdf

I have heard from one asylee friend that it took him 4 months (120 days) to get his new EAD card. My immigration lawyer believes it has to do with the increasing number of people who recently became legal aliens thru Clinton\'s LIFE ACT (geez thanks Bill!)

   If your employer complains about your expired EAD you can show them the ORR letter. It says INS now considers asyless to have permenent employement authorization. If that doesn\'t make your employer satisfactory then go to your local district INS office EAD department and tell them your EAD renewal application has been pending for more than 90 days. You will probly need to show them your expired EAD card and a receipt of your application. They will issue you an interim EAD card then.

  INS is well aware of EAD delay problems and this should not be a problem in your I485 application. They did however ask me to bring my W2s and employement letter at my I485 interview. That is rather strange because my status is asylee and those are not essential requirements for a asylum based I-485 application. Anyhow, I did take my old W2s and employment letter to the interview.
 
I sent My application to NSC.

I got the receipt which indicate the receive date is May 11 and notice date is June 1st. But it\'s strange that when I check my application status from NSC telephony system, it tells me that my receive date is May 31st.

Actually I went to my local INS office. The officer told me I have to wait . He also told me If I insist to have one from the local office, they have to get my file from NSC and the process time will be another 90 days. To me, this look like a nightmare!

Fortunately, my employer does not complaint about that. I did applied a new SSN card.

But from the letter "This means that when an individual granted asylum submits appropriate documentation with an SS-5, SSA will process the application to issue the asylee an unrestricted SSN card.".But the letter does not clearly mention that asylee can work without EAD.The letter just says you can get a new SSN card, right? This is my major concern. What do you think?

Your words make feel much better .Thank you very much!
 
No Title

(1)The best course of action is immediately apply for an unrestricted social security card. Just go to a local SSA office with a copy of the ORR letter, evidence of your asylee status, and a photo ID. A new card will be mailed to you from Baltimore, MD within 10 days or so. Since asylee adjustment takes up to five years these days, the new card will save you a lot of trouble. You can thereafter satisfy the I-9 form by just showing your new card and a photo ID to any employer.

(2)If your EAD renewal application has been pending for more than 90 days, you can go the the local INS office and ask for an interim EAD. They are required to issue one (valid for 240 days) to you. If the application has been pending for less than 90 days, the local office is not required to do anything. But if you go there stating that your employer is about to terminate you, a kind officer may still be willing to process an EAD for you.

(3)If you work without a valid EAD or an unrestricted social security card, that will have NO impact on your ability to adjust as an asylee (though it might prevent you from getting adjusted under some other provisions of the law). However, your employer might be liable to sanctions.
 
No Title

Relax. The I-9 form and the federal law clearly states that an unrestricted SSC and an official photo ID are adequate to document work eligibility.

As to the interim EAD, if the counter INS employee is giving you a hard time, you may want to speak to a senior immigration officer. There is no need to request your "A" file AND by regulations, they must issue an EAD upon request after 90 days.
 
No Title

Do you have a post office receipt (like a return receipt etc) indicting the date NSC accepted the envelope containing your application? I usually mail my EAD application with US Priority Mail with return receipt. It\'s strange that your application took 20 days to reach there.

I think the IIO told you to continue waiting because according to the INS records it has not been 90 days (from May 31st to August 18). Local district offices can only issue interim EADs after 90days of pending application.

It\'s good that your employer doesn\'t complain. In the event that they do complain just show them the ORR letter. Some employers are worried because if they hired an illegal immigrant they have to pay huge fines.

 I don\'t know how to answer to your last questions. We all like to save $100 every year right? It was ridiculous in the first place that asylees have to pay $100/year to get work permit. This was an issue at the Senate hearings held in February 2001: that US is the only country in the free world that charges money to the asylees for work permit. I am thinking of not renewing my EAD when it expires in October this year since I already hold an unrestricted SS card. And in my experience at job interviews they ask for your social security card first. ONLY if they see the employment restriction notice written on it they will ask you for the EAD. If your Social Security card has no employment restrictions they will just ask for driver\'s license etc.

  If you have the new unrestricted SS card then I don\'t think not having a valid EAD will impact on your I485 application. But always take a copy of the ORR letter when you go to INS, Social Scurity Office, or job interviews. Some INS officers are not aware of the latest changed in the regulations.
 
No Title

That is generally true and I agree with you. But leonse raises a good question: "Should asylees continue to renew their EADs?" We all like to save $100 every year right? About $120 actually if you count the cost of photographs, copies, and postage. INS has not made any statements regarding this issue.
 
No Title

The received date on my INS receipt is May 11. However, when I called in NSC to check, the receiced date in their system shows that as May 31st.

An there is one more thing. Since I filed 485 already, I applied C9 insted of A05 this time.But according to the I765 instruction for EAD application, I think I am doing it in the right way.

Thanks for your reply!
 
No Title

Sounds like this is another INS screw up (pardon my french). AILF is also inviting EAD applicants to come forward and participate in their legal action if the processing time is taking longer than the usual time. Check http://www.ailf.org if you\'re interested.

 When I applied for EAD renwal in October 2000 I got it in 45 days. Some tell me that NSC and district offices are handling largest workload ever because of the LIFE Act applicants. There are delays and major screw ups in Natrualization processing, Greencard printing, etc. That is why when James Ziglar (new INS Commissionaire) told the Senate Judicial Committee that he will be a strong proponent of recruiting additional 33,000 INS officers.

 I think you will receive your new EAD card within next 30 days. A friend of mine who sent his EAD renewal to NSC got the new card after 110 days. He didn\'t bother to apply for an interim card because his employers are aware that he has permenant work authorization from INS.

 My friend also told me that if you pay close attention to the attachment letter you will receive from the INS together with the new EAD card you will find a Cut-off slip that says something like "Important Information: Mail this notice card with your next EAD renewal application." That little cut-off slip is suppose to speed up the processing time of your next EAD processing time.

  Again I am somewhat confused like you are to the question "Whether we should spend $100 every year to renew our EADs now that we can apply for unrestricted Social Security Cards."
  When I went to the local Social Security Office in my district to apply for a new Social Seciruty Card they asked me to show the original EAD (actually the woman didn\'t know what an EAD is, she said "show me your original immigration photo ID card.") According to her non-US citizens cannot show drivers license as proof of ID, it must be either the Greencard or the EAD.
  Anywho... that incident lead me to think what will happen if I lose my new Social Security card. If I go back to the same SS office I will be asked to show my EAD in order to get a replacement Social Security Card.
   INS or the ORR should make a clear public statement on this issue.
 
It should be A05

I do not know if this has anything to do with the prolonged processing. But you should have checked the A05 category. The regulations are clear that the C09 category is not applicable to asylees applying for adjustment of status. Many people make the mistake you did and some INS officers still issue the C09 EADs to them. But they are not eligible for that particular benefit. In fact, a C09 EAD is not as valuable as an A05.
 
No Title

It is more than just saving the $100 every year. Sure, employers are not supposed to discriminate on the basis of immigration status, but it is understandable that some people do not want to hire EAD holders who need to renew the document every year.

I have been to a number of asylee adjustment interviews as an interpreter, but the EAD questions has never been raised by the INS. That can be an issue, however, if you are granted asylum and then apply for a green card on the basis of a labor certification, etc.
 
No Title

That\'s right, asylees should apply for a(5) eventhough c(9) category is for Adjustment of Status applicants. I still wish the INS clarify this confusion.
 All A(5) applications should be mailed to INS Service Center at Lincoln, Nebreska. It also says not to apply for EAD renewal earlier than 90days before the expiration date.

 I always follow the filing instructions in the I-765 form. But when I went for GC interview at my District office the officer told me I can send my EAD renewal application to the local distrcit office since my I485 is pending there. However I just disregarded her advise simply because "IF IT IS NOT PRINTED ON THE PAPER IT MEANS NOTHING."

 The question still remains on whether asylees should continue to renew their EAD, now that they can get unrestricted Social Security Cards. Would be nice if INS can clarify on this issue.
 
No Title

That\'s correct. The INS has clear laws prohibiting the job discrimination of asylees. To quote the INA:

"I know that the Immigration and Nationality Act prohibits discrimination on the basis of citizenship status against "protected individuals." Who are protected individuals?
Protected individuals include citizens or nationals of the U.S., lawful permanent residents, temporary residents, and persons granted refugee or asylee status. The term does not include aliens in one of those classes who fail to make a timely application for naturalization after they become eligible."

  But the real world politics works differently. If an employer doesn\'t want to hire you because of your immigration status he doesn\'t have to tell the truth, he can simply lie and say "The other candidate is better qualified."
 
No Title

Hi Gilbert,

 Have you recently accompanied an asylee to a adjustment of status interview as an interpreter? I just want to know if INS is stamping their passports on the site or telling them the same story they told me at the interview.
 
Where is the regulation regarding the C09 Category?

Actually, I carefully read the I765 Instructions, in the C09 category, it does not say asylee can not apply. It seems all 485 Adjustment Applicant are qualified for this category.

Thanks for any comments.
 
No Title

Thats right. It doen\'t specifically say that asylees are excluded from applying for c(9) category. There is a confusion in this and the only way you can clarify is this by calling NSC help line.
 I\'m unable call them because I cant make long personal phone calls from my work. And when I usually get home it\'s too late.
 
No Title

I agree with you that the I-765 instruction is not crystal clear. But I want to invite your attention to the regulations at 8 CFR Sec. 274a.12 Classes of aliens authorized to accept employment. The C9 category only encompasses people who have " filed an application for adjustment of status to lawful permanent resident pursuant to part 245 of this chapter. Except as provided in § § 245.13(j) and 245.15(n) of this chapter, employment authorization shall be granted in increments not exceeding one year during the period the application is pending (including any period when an administrative appeal or judicial review is pending) and shall expire on a specified date".
As you know, Part 245 deals with adjustments based on a family or employment visa as well as special legislation applicable to specific nationalities. The adjustment of asylees and refugees is NOT covered there. It is controlled by part 209.
Go back and look at the Form I-765 again. There is a category called (c)(14). It is for people who are applying for adjustment on the basis of continuous physical residence since 1972 (Former President Clinton tried last year to change the date to 1986 and thereby enact a small amnesty). The legal authority for this process is Part 249. People applying for that benefit, like asylees or refugees, also use an I-485. But it is most improper for them to check the c9 box on the I-765.

This discussion is somewhat academic for most people. But some INS people (sticklers) do reject I-765s filed by asylees/refugees because the c9 issue.
 
No Title

Jack,

I did. Most applicants were told to wait for a quota. A few got their passports stamped on the spot because they are specifically exempt from the numerical limitations.
 
No Title

I agree. All I can say to leonse as final words on this issue is that I have always applied EAD under A(5) and never been rejected. Sure there were some delays in the past but in the end I always get my EAD.

 I can\'t think of why people would want to apply under C(9). Could it be that they don\'t want A(5) printed on their EAD card for some reason?

 If leonse is not clear on the issue please call NSC help line. INS web site has their phone number.
 
No Title

Thanks for the info Gilbert. A friend recently told me that his friend in Boston got his passport stamped. Turns out later that he is a refugee and not an asylee. So it checks out with the valuable info you have given.
 
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