SOS regarding EAD card.

Yes We need to Renew Our EADs

I called NSC today and asked them if asylees are still required to renew their EADs on yearly basis now that we are eligible to apply for unrestricted Social Security Cards. The representative said the INS law requires that asylees renew their EADs until they are granted LPR status.

 On the EAD category question they told me asylees should apply under A(5) category.

 If anyone wants to confirm these answers on their own call NSC at 1-800-375-5283.

  What good is an unrestricted SS card if we are still required to renew our EADs on yearly basis. And this is the only country in the free world that collect money from asylees for work permit.
 
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I found this in a teletranscript of the telephone interview between NSC and AILF. Hope it helps

"I-485s by Asylees. Please comment on the processing time for I-485\'s filed by asylees. (a) Why does it take the NSC so long to send such cases to the INS local office for an interview? (b) Is NSC under direction to hold such cases for a certain period of time before sending them on for interviews? (c) Do you recommend sending the I-765 with the I-485 for asylees? Some members’ experience is that the I-765s filed with asylee I-485s are not processed timely.

Answer: Asylee adjustment applications have a lengthy processing time because Congress limits the number of asylees who can adjust status each year to 10,000 (Section 209 of the Act). As of now, only cases filed on or before January 6, 1998 have been authorized for approval and then, only if the field office has requested allocation of a visa number. As we currently have over 44,000 cases pending, a case filed today will not be adjudicated for five years unless Congress raises the cap. An I-765 (initial/extension) filed with an I-485 asylee adjustment at NSC under the (A)(5) category should be adjudicated within the 30-day processing guideline for that form type. It is highly recommended that the I-765 be filed concurrently with the asylum I-485."
 
But HQ said no

I called the Asylum Branch, Office of International Affairs, INS HQ in Washington yesterday afternoon and reached a senior asylum officer. I raised the asylee EAD question. She took my number and called back in about two hours.

She said that while one part of the regulations (8 CFR 270a12(a) states that asylees "must" have an INS issued document in order to work, the view at ASYHQ is that an EAD is "certainly recommended, but by no means required". For the present, a Refugee Travel Document is also acceptable for documenting work eligibility.

She drew an analogy. The regulations cited also said that a refugee must have an EAD. But the INS has stated many times in public statements that a social security card is sufficient.

The officer ended our conversation by saying in effect that why on earth is this important? She said that whether someone has an EAD is completely immaterial to if he or she can maintain asylee status or adjust to LPR at the appropriate time.
 
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I think the officer underestimated the importance of this question.

 Firstly we all want to know a clear statement on this issue because it means saving $100 (soon it will be $120) per year for us. On the other hand the EAD is still being requested at places like the Social Security office and I-485 interviews. I was personally asked to show my EAD at my I-485 interview at the district office, as well as when I went to the local Social Security office to apply for a new SS card.
  The officer from INS HQ is not gonna be standing next to us and repeating her comments when we go to INS for interviews or Social Security offices.
   Due to discrepancy in answers and comments coming from different levels of INS offices I can only do what I think is good for myself. I am going to continue renewing my EAD until I get my GC.
 
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Glibert,

 Can I get the phone number for the INS HQ in DC? I\'m going to ask my immigration lawyer friend to call and repeat the same questions you have asked. In my previous expeirences when the officers realize they are talking to a lawyer they become alot friendlier and try to give more accurate answers.
 
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Hi leonse,

 Can you please inform the rest of us in this board when you receive your new EAD card? We just want to keep track of how long EAD cases are taking.

Thanks
 
Go the A5 card

Hi, Guys,

I got my A5 card couple days ago. I did call NSC, one agent told me I could apply C9; another one told me the same thing after checking with his supervisor, but he told me that A5 is better than C9 and some INS officer can change your C9 application to A5.

In my case, it took me about 100 days to get the card. I did get my new SSN too. When you guys apply for the new SSN card, do ask for a recepit. My first SSN application was not entered into their system and without a recepit I had to apply twice.

Thanks for all your concern.
Take care.
 
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