Urgent Help on EAD

R

radhika91

Registered Users (C)
Hi,
I have been waiting for EAD approval for over 7 months now. I had RFE for photo which was received by VSC on 5/5/04 and since then there has not been any message updated and today I checked Processing dates and I found that they are processing cases for May 25, 2004 in normal category.
I am really worried about my case.
Can anyone guide me what I can do.
I have been to philly center for Interim EAD 3 times and the last visit was yesterday and I was told that I can only get Interim EAD after completion of 90 days. The surprising thing is that each time I talked to National Service Center, they told me that I can go for Interim EAD anytime and when I go, the Philly Center gives some other reply and does not listen to what National Service Center mentioned.
Please advise on what I can do and what options I have.
I have I-140 approved in April 2003 and my I-485 was filed in October 2002 and I also had Second FP yesterday.
Can I go for H1 renewal and work. I am not able to work since last 3 months. So any suggestions are welcome.
Please advise.
Thanks
 
Radhika,
I remember seeing your thread on this some time back.

My wife had the same problem with her EAD. She also had RFE for photos and we submitted it on April 26, 2004. Her case was finally approved today after I called the USCIS for an inquiry for the second time.
The first time I had initiated an enquiry, they said I wil hear from them within 30 days. Nothing happnd and I called again a week back to initiate second inquiry.
Finally, her case got approved today. I just got an email from USCIS.

Probably, somebody has slept on her case and someone is still sleeping on yours. Call them and wake them up!
 
radhika91,

What's your EAD- RD? If 7 months have past I see no reason Philly office should refuse to issue an interim EAD. My 3rd EAD RD is 02/25/04 and have still not received my EAD approval. Went for an interrim EAD to Philly last week. I was out in an hour with EAD valid for 8 months.

Take your EAD receipt notice along with your passport/DL and a copy of your I-485 receipt notice.

If you really are having a problem try contacting Congressmen in your area.
 
Call National Customer Service Center and start the status Inquiry.

Hi,

After sending the RFE and Receiving the response, some time they just sit on our files untill we wake them up.

I also had the query, VSC received the response on 6/25/04 and they approved my EAD on 7/24/04 and yesterday they mailed the card.

So call them and ask them to start the status inquiry, because you can call them after 60 days after they have received the RFE response.

Good Luck.
 
I have heard / seen someone say that you can go to the local service center with a letter from your employer stating that you would lose your job if you dont get an interim EAD and they have been successful too. You should give that a shot. They were sitting on my file too for almost 5 months and i have to get an interim EAD. But the local center send an status enquiry and it took only a week after that to approve. I think that BCIS employees are drowning in the applications backlog and cant keep a track of them. ;-)
 
1) May send expedite request to VSC. There is a fax number for that. One of the reason is severe financial loss. VSC would reply back in 3 days
2) Contact local congressman/senetor to enquire in your behalf
 
Do you have VSC fax number where I can send me query. Please reply.
Otheriwse I will go to Philly again after Aug 5, 2004 ( 90 days are over from RFE receipt date)
Thanks everyone for sending their input
 
General Expedite Procedures By Fax
The VSC has always been strict with respect to approving requests for special processing. Individuals who are seeking expeditious handling can FAX the Center at (802) 527-4816 to request an expedite.

The fax line is available 24 hours a day. Expedite requests are reviewed Monday through Friday from 8:00AM to 4:00 PM.


General Expedite Procedures By Mail
The VSC will also accept EXPEDITE requests through WRITTEN Correspondence.

A letter requesting the expedite of a case along with any supporting information should be mailed to the VSC. The envelope MUST be marked with "EXPEDITE REQUEST".



Please mail expedite request to:
U.S. Citizenship and Immigration Services
Vermont Service Center
ATTN: Expedite Request
75 Lower Welden Street
St. Albans, VT 05479


REQUIRED DOCUMENTS
A detailed explanation of the situation should be provided in a support letter, and any documentation needed to support the expedite request should also be submitted. Applicants should not submit more than 5 pages of material.

Cases that are not clearly approvable will not be expedited. Requests to expedite petitions or applications that are incomplete will not be granted. All supporting documents not in English must include a certified translation. See "Documents Not in English" section. There is no appeal of the denial of an expedite request. Please see our USCIS Expedited Criteria guidance.



USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Service Center Director. The criteria are as follows:

Severe financial loss to company or individual.

Extreme emergent situation.

Humanitarian situation.

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States.

Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government.)
USCIS error.

Compelling interest of USCIS.
If a response to the expedite request is not received within 72 hours, the request is denied. The application or petition will then undergo normal processing.
 
Thanks Subhang for sending the fax number and other VSC details. I have already sent the fax. Let's hope something happens now.
As for the RFE on my photo, it said the photos you submitted do not meet the specs and look the same used with last EAD. So stupid since last EAD was approved. Even though the photos were taken one day prior to the mailing date, these guys come up with all weird ways of delaying the cases.
Anyway can't cry over these things. Life goes on.
Thanks everyone for your help.
 
Radhika,
We took the photos the same day we mailed our application and we got the stupid RFE saying "it looks the same like the previous one" submitted a year back..
Funny is that, the two photos are totally different and they do not look alike at all.. Probably, you got the same officer who looked at my wife's application.

Hope you get your EAD soon.
 
90 days from RFE

radhika91 said:
Hi,
I have been waiting for EAD approval for over 7 months now. I had RFE for photo which was received by VSC on 5/5/04 and since then there has not been any message updated and today I checked Processing dates and I found that they are processing cases for May 25, 2004 in normal category.
I am really worried about my case.
Can anyone guide me what I can do.
I have been to philly center for Interim EAD 3 times and the last visit was yesterday and I was told that I can only get Interim EAD after completion of 90 days. The surprising thing is that each time I talked to National Service Center, they told me that I can go for Interim EAD anytime and when I go, the Philly Center gives some other reply and does not listen to what National Service Center mentioned.
Please advise on what I can do and what options I have.
I have I-140 approved in April 2003 and my I-485 was filed in October 2002 and I also had Second FP yesterday.
Can I go for H1 renewal and work. I am not able to work since last 3 months. So any suggestions are welcome.
Please advise.
Thanks
Click to expand...

The reason why the local center did not give you iEAD is that incase there is a RFE on your EAD then 90 days clock starts from the date of the RFE not your filing date. In your case since RFE was dated 05/05/04 you are eligible after 90 days.
 
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