No interim EAD

[Bjumanja 0]

Today it was my 97th day after receiving the NOA1 for the EAD. My case was touched the last time two days after the biometrics in June. So, I had an Infopass appointment today. After the officer checked my case and went to a back office she came back and told me that they are not going to issue interim EADs anymore since September 1st. I double checked with her since my 90 days are over and I was in doubt. She called some office, I assume Missouri, to find what is going on with my case. Since I was there at 8 a.m. there was nobody at that office and I had to come back 2 hours later.

When I came back all I heard was that they have not called back yet. And since the district office only can send a message to them and has to wait for a call back (I doubt that as well) nobody was able to talk to a person who knew what was going on with my case. I even asked the lady if I could call her office in the afternoon or the next day to find out what she found out but nope, I cannot call her.

So, how do I find out this information? Her reply, I should wait for mail to arrive. (how much longer should I wait???)

Then since I was there I asked about my AOS papers. Her reply, oh, you just applied in June, it is going to take a bit. Others who have Cleveland as the district office applied after me and their case got transferred. At least something is happening. I just want to know what is going on.

Maybe somebody forgot to hit the ENTER key to send my fingerprints. That is my last idea. Missouri is processing cases with NOA1 date of June 21. Mine was June 7th.

I am just so disappointed now. All my hopes were on the iEAD.

~Anja

[Bjumanja 0]

Now I checked out the uscis website. At this link http://www.uscis.gov/graphics/lawsregs/han...88b_081806r.pdf it says for instance

"...Field Offices

Beginning September 1, 2006, field offices will no longer issue locally produced EADs...."

"...Interim Employment Authorization Document

USCIS is required to adjudicate a pending Form I-765 within 90 days from the date of receipt. 8 CFR 274a.13(d). Failure to complete the adjudication within this time frame requires the Service to grant an employment authorization document for a period not to exceed 240 days. The following steps are being initiated to reduce, and eventually eliminate, the need for USCIS to issue an interim EAD.

Field Offices

Local Offices will no longer accept and adjudicate Form I-765 for an Interim EAD. The Service Centers or NBC will be responsible for adjudicating the pending I-765 and issuing interim or non-interim documentation. Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks.

• CLAIMS Verification

o Underlying application remains pending

o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement

o Form I-765 remains unadjudicated

o Biometrics have been captured—if not, refer to ASC

• Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim

• Provide Notice to applicant acknowledging status inquiry...."

So, from that I understand that the NBC is responsible for issuing me one form of EAD either interim or normal EAD. Please let me know if I understand that right.

According to that, the officer was right and I guess I just have to wait.

~Anja

[dirtyd301 0]

Now I checked out the uscis website. At this link http://www.uscis.gov/graphics/lawsregs/han...88b_081806r.pdf it says for instance

"...Field Offices

Beginning September 1, 2006, field offices will no longer issue locally produced EADs...."

"...Interim Employment Authorization Document

USCIS is required to adjudicate a pending Form I-765 within 90 days from the date of receipt. 8 CFR 274a.13(d). Failure to complete the adjudication within this time frame requires the Service to grant an employment authorization document for a period not to exceed 240 days. The following steps are being initiated to reduce, and eventually eliminate, the need for USCIS to issue an interim EAD.

Field Offices

Local Offices will no longer accept and adjudicate Form I-765 for an Interim EAD. The Service Centers or NBC will be responsible for adjudicating the pending I-765 and issuing interim or non-interim documentation. Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks.

• CLAIMS Verification

o Underlying application remains pending

o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement

o Form I-765 remains unadjudicated

o Biometrics have been captured—if not, refer to ASC

• Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim

• Provide Notice to applicant acknowledging status inquiry...."

So, from that I understand that the NBC is responsible for issuing me one form of EAD either interim or normal EAD. Please let me know if I understand that right.

According to that, the officer was right and I guess I just have to wait.

~Anja

Hey Anja!!

I can't believe this!!! Why would they make everyone wait so freaking long! I really truly hope you hear something very soon. Please keep us updated. We are of course still waiting. Our NOA1 is like three weeks after yours so if you are still waiting we are definetely going to be there with ya. THIS SUCKS!!! good luck to you and let us know what happens in the future.

Diana

[MrsAmera 41]

Sorry Anja we just had an infopass appointment yesterday in St. Paul to try for the interim EAD and we got the same response. Our case hasn't been touched since 2 days after it was sent! I was so sad and frustrated when she told us there was nothing we could do. I don't think it's fair that they start this for people who submitted more than 3 months ago, they should have gave a 3 month warning or something, so that people who submitted after September 1st or something wouldn't be eligible. I will be so upset if we paid for the EAD (and AP) and my husband ends up getting his GC around the same time!

[zsam 0]

So sorry to hear what is going on. If you have a lawyer, I would strongly suggest that you ask him or her to ask around and see what the problem is. Local offices can still interim EADs. The USCIS policy change simply calls for applications to be sent to the NBC. This is extremely strange.

There are a few ppl who I have heard have been flat out REFUSED interim EADs. The reason has not been given and the cases have been pending for over 8 months.

I am sure you two will hear positive news soon. However, do consult with a lawyer b/c I know these local offices can be a pain.

So definitely try and find out what the issue is...

Also..I asked before but if I can collect more cases/examples of folks who were told flat out they can not receive an interim EAD and are being made to wait for over 4 months, please let me know.

[Dr_LHA 3]

Local offices can still interim EADs. The USCIS policy change simply calls for applications to be sent to the NBC. This is extremely strange.

You're wrong zsam, they have changed the policy to not give out interim EADs at District Offices now. This is a new policy of USCIS.

[zsam 0]

Thanks for the clarification about the timing of this policy.

Actually, I know of folks who went early in 2006 and were refused the interim EAD. So I am trying to collect these sorts of cases (note, before the date of this action/notice). I noticed dr_lha that you have gone to the Philadelphia office. How are the officials at that office? helpful?

[Dr_LHA 3]

Thanks for the clarification about the timing of this policy.

Actually, I know of folks who went early in 2006 and were refused the interim EAD. So I am trying to collect these sorts of cases (note, before the date of this action/notice). I noticed dr_lha that you have gone to the Philadelphia office. How are the officials at that office? helpful?

Actually I have never been to the Philadelphia office, so can't comment on how helpful/unhelpful they might be. So far everything has been done via mail, and my FP was done at the York ASC.

Edited September 14, 2006 by dr_lha