What is An Interim EAD?

[sasaqlain 24]

My EAD application is officially past 90 days. I called CRIS and the Operator asked me if I wanted an Infopass or wanted to place a request for an Interim EAD which is valid for 364 days, since I have not received the EAD. I am confused Now. What is an interim EAD? Having placed the service request, what will happen to my application Status? Just dont get the word Interim. Seems like she meant, that since i didn't receive my EAD within the timeframe they will issue me one till the actual case is sorted out. ANybody?????

Edited April 15, 2009 by saspak

[^KK^ 3]

This is a new one. Let me know if there is really an "interim" EAD.

[sasaqlain 24]

I will when I hear from them. Whenever that Is!!!!!

[BSK7275 0]

I just happened to get this information earlier this day, and thought of sharing it here for you.

http://hpolatsek.com/topics-library/adjust...f-status-guide/

INTERIM EMPLOYMENT AUTHORIZATION

The regulations provide that if an I-765 EAD application has been pending at INS for 90 days or more, the applicant may personally appear at the local INS office to be issued what is known as an Interim EAD. In such a case, the applicant must bring to the local INS the ORIGINAL I-765 FILING RECEIPT and proper identification and, theoretically, he/she will be issued an EAD the day he/she personally appears at the local INS office.

We ask our clients to notify us if they desire to personally appear at the local INS office to secure an Interim EAD and, if so, we then forward to them the ORIGINAL I-765 EAD FILING RECEIPT.

This personal appearance procedure applies ONLY if the I-765 EAD application has been pending for 90 days or more.

We again emphasize that when an EAD applicant appears at the local INS office, he/she should bring positive proof of identity such as passport and/or driver’s license and the ORIGINAL I-765 filing receipt.

Please note that some INS offices are not always open to the general public. The Miami INS office is open to the general public every day except Wednesdays. The Riviera Beach INS office will not accept walk-ins and a person must call to make an appointment to come in.

We cite below the relevant regulation for our clients’ information as they may encounter some INS clerks who are not acquainted with this specific regulation.

Section 274a.13 (d)

“Interim employment authorization. The district director shall adjudicate the application within 90 days from the date of receipt of the application by the INS… Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days. Such authorization shall be subject to any conditions noted on the employment authorization document. However, if the director adjudicates the application prior to the expiration date of the interim employment authorization and denies the individual’s employment authorization application, the interim employment authorization granted under this section shall automatically terminate as of the date of the director’s adjudication and denial.”

Thanks to:

Polatsek and Sclafani, 2455 E. Sunrise Blvd., Suite 1216, Fort Lauderdale, FL 33304

[Shelly&Jay 0]

Is the original filing date the date used on NOA? That's really good information. I didn't even know you could get an interim EAD.

Thanks BSK!

Shelly

[^KK^ 3]

Great information...wonder if other know about this.

[rrobin 2]

My EAD application is officially past 90 days. I called CRIS and the Operator asked me if I wanted an Infopass or wanted to place a request for an Interim EAD which is valid for 364 days, since I have not received the EAD. I am confused Now. What is an interim EAD? Having placed the service request, what will happen to my application Status? Just dont get the word Interim. Seems like she meant, that since i didn't receive my EAD within the timeframe they will issue me one till the actual case is sorted out. ANybody?????

Yes, interim EADs used be issued by the local offices when the actual EAD was delayed beyond 90 days. USCIS has stopped issuing interim EADs since mid 2006.

[^KK^ 3]

Okay...so these are no longer issued? Why?

[rrobin 2]

Okay...so these are no longer issued? Why?

No, they are no longer issued. The officer at the infopass told me that they have stopped issuing interim EADs due to excessive fraud

Edited April 15, 2009 by rrobin

[Shelly&Jay 0]

That's really interesting that Rrobin and Saspak spoke with different people and received different answers.

BSK is that info dated? How are we supposed to know whats accurate if the operators do not?

Shelly

[^KK^ 3]

I guess the bad apples spoiled it for others.

[sasaqlain 24]

So, am I safe to say that I am even more confused!!!

Whats my next course of action? Infopass? And then wait for another 45-60 days by the mailbox. Cause the Crappy Online Status service of CRIS doesn't get updated half the time. That too if the case is uploaded for viewing.

Can I place a request for an Infopass after placing a service request over the Phone for the same case. I read somewhere on VJ that you cannot, until the 45 day period is up.

Edited April 15, 2009 by saspak

[BSK7275 0]

Well, u never know until you hear from them..Cos they keep changing every now and then. So, I suggest you make an Info Pass Appointment too BUT not before you call their 1- 800 number to enquire if they do still take Interim EAD's.. Cos if they do, all you need is to take the Info Pass Appointment for the same & get it there itself.

I'm not sure of the information being uptodate, but you may call that attorney's office to chek for its validity..from the link I posted.

Edited April 16, 2009 by BSK7275

[TayRivers 4]

Local offices stopped issuing interim EAD back in Sept 2006.

[sasaqlain 24]

Heres some new Development. I placed a service request related to delayed decision on EAD and here is what I got in the email from CRIS:

(On 04/15/2009 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

The status of this service request is:

We have approved your case and an approval notice was sent on 04/13/2009, to the address we have on file. If you do not receive the notice within 30 days, and you want an official duplicate for your records, you will need to file a Form I-824 Application for Action on an Approved Application or Petition. You can download this form by visiting our website at www.uscis.gov.)

Now what does this mean. Has my EAD been approved? And if so, will I be expecting a NOA2 or an EAD in the mail. Also, there are no touches or online updates till now.