Either there is or isn't an interim EAD. Which is the right answer?

[Aloe 10]

SO I have been having some issues with my EAD which I won't go into detail about right now.

However, I will say it has been 75 days according to my calculation since USCIS RECEIVED my application but only 73 according to USCIS. I thought they were able to put a service request in on the 75th day however, the lady on the phone said it had to be done on the 76th day so I aske if I called on the 76th day according to their calculations would a service request be put in and the lady told me it would be although it would be in my best interest to wait until the 90th day to call and they would then put in a service request and I would receive an interim EAD which was valid for 240 days.

According to the person I spoke to last week and from everything I have read on this site it points to there no longer being such a thing as an interim EAD. So what is right and what is wrong?

Also if I can call on Thursday and have a service request put in why in the world would she be saying it is in my best interest to wait another 2 weeks to call back and ask for a service request especially if there really is no such thing as an interim EAD!

Edited July 20, 2009 by Aloe

[Kathryn41 3,205]

Generally, they recommend waiting 90 days for an EAD or an AP to be processed so that is why she probably suggested waiting for the 90 day mark. There used to be an interim EAD that you could get by going to a local office with proof that your application for an EAD had passed the 90 day mark. They did away with that about 2 years ago. I believe you still have the option to request an interim EAD if your application has exceeded the 90 day mark, but it has to be filed and can't be done in person at your local office anymore. I say go ahead and request the service request at 76 days and then do a follow up after 90 days if you still haven't heard anything.

[JeremyR 8]

I'd wager dollars to donuts that if you put in a service request on day 76, the reply will be 'records indicate your case is inside the processing timeframe.'

You'll get it soon, don't worry about it. 75 days is not at all unusual - most people wait around 80-90 days, people who've had RFEs may have to wait a little more.

Your signature indicates you've had RFEs. Although this probably isn't what you want to hear, technically the days between the issuance of the RFE and the 'case processing resumed' day do not count towards the ninety.

[Otto 83]

By the way - your RFE(s) on your I-485 would delay processing on your EAD (by about the amount of time it took to respond to the RFE). If that is any comfort.

All in all - baring any RFE delay(s), most EADs are approved in a 60-90 day time-frame.

Its been a while since I've heard of anyone getting an 'interim EAD.'

[furiousng 2]

Days between your RFE being mailed to you and resumption of your case by USCIS after receiving your RFE response do not count; so technically you not even sixty processing days yet if you sent your response on June 1st. As for the interim EAD as far as I know, that has been discontinued a while ago. Am sure you will get your EAD soon so you can join the work force. All the best!

[Aloe 10]

They must have counted for me because a service request was put in on the 23rd, I was touched on the 24th and on the 25th my EAD was approved and I am now waiting for it in the mail. I just thought I would add this for anyone who may read this so that if they are in the same position they aren't put off trying to get a request because others said it wouldn't work. It doesn't hurt to try!

[Bobby+Umit 161]

They must have counted for me because a service request was put in on the 23rd, I was touched on the 24th and on the 25th my EAD was approved and I am now waiting for it in the mail. I just thought I would add this for anyone who may read this so that if they are in the same position they aren't put off trying to get a request because others said it wouldn't work. It doesn't hurt to try!

No - it doesn't hurt...

but your case could be a coincidence