What is the impact of scheduling another additional Interview on EAD Clock?

D

danti

Registered Users (C)
Hello Everyone,

After I did my First interview the AO told me that I can come to pick up the decision after 14 days; however on the same day I supposed to go and pick it, I received a call from the AO stating that the decision was not ready and it will be mailed to me. I kept waiting for the mail for 2 months without a reply so I contacted the Asylum Office and I have been told that they need to conduct a Second Interview because they failed to obtain all the information they needed from me on the first interview (none of my fault I believe because I kept speaking for 2.5 hours and my case is well documented).

During the last Three months I tried many times to contact the Asylum Office and I received always the same answer, which is they are extremely busy and they can not give any exact date for my second Interview, they hope soon they can and they are sorry for the inconvenience. Now I will complete on the next week 150 days (5 months) without a decision that means I can be eligible to apply for EAD but I read on the Affirmative Asylum Procedures Manual (AAPM) that Adding an Interview to the Schedule will Restarts stopped the clock as of new interview date.

Till now I have not officially informed (via mail) about the Second Interview Date, My Questions are:-

1. Will Adding Second Interview Date going to impact my clock?
(delays and second interview is none of my responsibility I believe)

2. How Can I check My Clock Anyway?
I am not referred to IJ yet, my case is still pending with Asylum Office so the IC # will not work on my case.

Thank you in advance for replies, best

danti
 
Nope. Your clock will not be affected if there is any delay that caused by the AO. If it was the other way round then yes.
 
Thank you asylum_seeker and pepsico for your kind replies.

Yes in "Theory" the clock shall not be affected by delay of AO, however I need to know at least is my clock is working or it is stopped? and how many days elapsed since I submit my application? The IC 1800 # will not work for me because my case is not referred to IJ still pending with USCIS. Is there is any # or online resource that I can use to know the status of my clock?
 
you should be fine Danti. Go ahead and apply for EAD. the 150 day is not based upon the asylum office decision in a case like yours.The 150 day started running and kept running.it should have stopped due to any delay caused by you not the case here.You risk nothing when applying after your 150 days.Just make sure that the 150 day period have passed before you apply.In my case i've applied 2 days earlier so i got denied first and then i had to reapply.anyway you have nothing to lose. good luck
 
danti said:
Thank you asylum_seeker and pepsico for your kind replies.

Yes in "Theory" the clock shall not be affected by delay of AO, however I need to know at least is my clock is working or it is stopped? and how many days elapsed since I submit my application? The IC 1800 # will not work for me because my case is not referred to IJ still pending with USCIS. Is there is any # or online resource that I can use to know the status of my clock?
Click to expand...

if you have the acknowledgement receipt that uscis sent you ,then you will see the date they said your case started pending,so you will just calculate the number of days from that day till the date of today to know how many days elapsed since you file your application.Its not that difficult.
 
alphadi said:
you should be fine Danti. Go ahead and apply for EAD. the 150 day is not based upon the asylum office decision in a case like yours.The 150 day started running and kept running.it should have stopped due to any delay caused by you not the case here.You risk nothing when applying after your 150 days.Just make sure that the 150 day period have passed before you apply.In my case i've applied 2 days earlier so i got denied first and then i had to reapply.anyway you have nothing to lose. good luck
Click to expand...
Thank you alphadi for your reply, just to know my position if my EAD application gets denied is there any time I shall wait then reapply ?
 
thank you pepsico I know the manual calculation method, however I was looking for something related to AO system to make sure my clock did not stop somewhere
 
EAD application for Category (C) (8) Asylum Applicant, Requires Evidence that Application for Asylum is pending.

According to EAD form i-765 instructions I need to prove that Asylum Application is pending with AO, I only have the following:-

(a) Copy of USCIS Acknowledgment Mailer (I have that).
(b) Other Evidence that your Form I-589 was filed with USCIS (I only have finger prints notice)

I do not have interview notice because AO took it from me when I went for interview. When I went to pick up the decision they took from me the notice and told me verbally the decision will be mailed to me which had never happened.

Are the above documents enough to prove that my case is pending with them?
Shall I go to their office in person to ask for that proof?
I do not want to apply for EAD and get denied after this long time of waiting
Please advice me, thanks

danti
 
Last edited by a moderator:
just send all the documents you have and don't forget 2 passport photo.When i did my interview at the end they gave me a shot notice that i don't have to come back to get decision but it will be mailed to me.I don't know if that applied to you also but anyway just send all the documents you have.
 
danti said:
EAD application for Category (C) (8) Asylum Applicant, Requires Evidence that Application for Asylum is pending.

According to EAD form i-765 instructions I need to prove that Asylum Application is pending with AO, I only have the following:-

(a) Copy of USCIS Acknowledgment Mailer (I have that).
(b) Other Evidence that your Form I-589 was filed with USCIS (I only have finger prints notice)

I do not have interview notice because AO took it from me when I went for interview. When I went to pick up the decision they took from me the notice and told me verbally the decision will be mailed to me which had never happened.

Are the above documents enough to prove that my case is pending with them?
Shall I go to their office in person to ask for that proof?
I do not want to apply for EAD and get denied after this long time of waiting
Please advice me, thanks

danti
Click to expand...

to the best of my knowledge ,i sent the acknowledgement receipt they send, fingerprint notice,copy of form I-589 i completed for my asylum ,and anyother document i had.And aslo 2 picture passport size.Send all originals they will mail it back to you when a decision will be made
 
I asked some paralegal and they advice me to do one of the followings:-
1. going in person to Asylum office and ask the officer or a supervisor to give me a proof that my case is pending with them - alternative i can send inquiry but they will take their time to answer.
2. sending a letter along with my EAD application stating that my case is pending with the Asylum Office and these are all the documents i have, if they need further proof/evidence better they contact the asylum office.

I choose the second option. I will keep the update here
 
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