Interim EAD

[happyimmigrant 0]

OK, so I'm at 85 days since the filing of my AOS package, including my AP and my EAD I-765, with absolutely no action from USCIS on either the AP or EAD apart from the original NOA1. At 90 days, you're eligible for an interim EAD. I found this on the USCIS site:

If USCIS does not approve or deny your Employment Authorization Document application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim Employment Authorization Document. You must go to your local USCIS office and bring with you proof of your identity and any documents that USCIS has sent you about your employment authorization application.

Fine. So I go to the office web site which tells me I must file for an INFOPASS appointment. I go through the menu, and select the following:

It has been more than 90 days since you filed an I-765 and you did not receive an Employment Authorization Card.

And what does the web site tell me?

At this time, there are no information appointments available for the office in your area. Please try back again later.

I'm sorry, but what kind of BS is this? They take too long to issue the EAD, so they tell you that you can get an interim EAD, and that you have to set up an appointment to do it, but when you try to do that, it tells you that there aren't any appointments available??? Try again LATER???? What, like a month or two???

Has anyone else tried this? I'm dealing with the Cleveland district office, incidentally.

[kim&james 0]

Does that office any walk in hours? thats the only thing I can think of that would be of any help, other than the disinformation line... give that a go too....

[Kez/JWolf 6]

Keep trying to get the infopass they only make so many available each day..... but I hate to tell you that local office are no longer doing interim EAD as of Sept 1st.... all they will do is send a message to the processing center to remind them it is more than 90 days and to issue the EAD...

Kezzie

[Waiting in Vancouver 6]

Not sure if you know this gsmaclean but I am pretty sure the 90 days is from the date on your NOA1 not from when you mailed it in ...

Either way good luck and let us know how it goes as many of us may have to do the exact same thing as you ...

Edited November 1, 2006 by Waiting in Vancouver

[Miranda&James 8]

Also, don't forget that since you had an RFE it means that you aren't eligble for interim EAD until 90 days after the RFE information was received, not 90 days from your NOA1. Usually people get their EAD before that extra 90 days is up and some people have been able to get around the RFE thing and get an interim one but it sounds like since DO's aren't doing interim ones anymore you may be held accountable for that.

Edited November 1, 2006 by JamesMiranda

[cdnchris 0]

Just a note (and I know this has been mentioned elsewhere) but the local offices don't give out interim EADs anymore. All they do is call up the MSC and give them a kick in the ### to get going on approving your case. I went in to an InfoPass yesterday and was told this. And despite the RFE thing for me, the agent still thought the amount of time that had passed was ridiculous so they still called up MSC for me. Not to put a damper on things, because it pisses me off, too, but don't expect to come out that day with an iEAD.

[am1996 0]

Also, don't forget that since you had an RFE it means that you aren't eligble for interim EAD until 90 days after the RFE information was received, not 90 days from your NOA1.

This is only true if the RFE was for the required INITIAL evidence.

Let me try to explain the way the process works. First, to give you some background, under 8 CFR 274a.13(d) USCIS has 90 days from the date of their receipt of the application to issue you an employment authorization (there are a few categories of immigrants to whom the 90 day rule does not apply). USCIS' failure to comply with the 90 day requirement results in the automatic grant of an employment authorization for a period not to exceed 240 days.

Now, in the event that your employment authorization application is missing required INITIAL evidence, under 8 CFR 102.2 ( B )(10) the 90-day countdown does not start until USCIS receives that evidence.

Now, if your application is missing anything OTHER than the required initial evidence or if USCIS requests ADDITIONAL evidence, then the countdown clock is simply suspended until USCIS receives such evidence.

To illustrate, if your employment authorization petition has been with USCIS for 20 days, then USCIS requests additional evidence of your eligibility, USCIS will have 70 days to finish processing the application after USCIS receives the evidence. Now, under the same scenario, if the required INITIAL evidence was missing, USCIS would have the full 90 days after you submit such initial evidence to finish processing your application.

[cdnchris 0]

Just a quick note, even though they don't issue Interim EADs anymore you should still go to an InfoPass appt. after the 90 days (from your receipt notice) Even if you have an RFE. They might give you a hard time about the "90 days from receipt of RFE" but if you're lucky they still might make a call for you. As I said yesterday I went in and the officer made a call for me despite the RFE and today I got an LUD on my EAD, so it looks like they're processing it again.

[Kez/JWolf 6]

LUD???? do you mean you got a e-mail?

Kezzie

[cdnchris 0]

No, sorry, another term for being "touched"

My EAD was also touched again today (2 days in a row after almost 2.5 months), so maybe soon I'll get that approval e-mail.