Interim EAD's

[Girona40 0]

I knew it wouldn't be simple!

My son's EAD was approved, apparently, and we were told it was to be mailed. That was on the 26th December. It still hasn't arrived and his current EAD expires on the 11th of this month (Thursday).

I contact the District Office and make an INFOPASS appointment. Someone on this site said that they don't issue Interim EAD's any more, just make inquiries of the Service Center. So, with it being 5 hours from here, I thought it would be prudent to e-mail the District Office and ask.

The response:-

"Mr. **** is not eligible for an interim employment card as employment authorization has been granted"

So, now what is he supposed to do. What is he supposed to provide his employer, who is asking that he provide his new EAD on the 11th, so he can keep his job!

This whole thing is just getting ridiculous. Is there anything that the USCIS can do in good time?

[rebeccajo 14]

Good Lord...won't they accept a copy of the e-mail that shows the card is on it's way?

[LaL 418]

they told us the exact same thing when last year we waited and waited for our EAD. they pulled Del aside and explained his was approved therefore no interim can be issued for him.

[Girona40 0]

they told us the exact same thing when last year we waited and waited for our EAD. they pulled Del aside and explained his was approved therefore no interim can be issued for him.

Did he get the EAD "proper" in time, or did he have some other document that his employers would accept. Was he even employed at that time?

What worries me now is that my son's employers are asking him for an "official" document from the USCIS that confirms he is authorised to work in this country.

Isn't it typical - yet again, because he is doing things the "right way" and his employers are doing things the "right way" and requesting official documentation, he is going to suffer problems.

If the EAD isn't here by the 11th he isn't allowed to work.

This will be the 2nd time they haven't got his EAD to him in time and he was unable to work for 3 months last time!

The problem, Becca, is that my son cannot risk, not even the tiniest amount, doing anything that isn't 100% correct procedurally, because it will give them the excuse they need to deny his AOS application and we would have no argument. At the moment they are denying him but we have a case against them - because he has done nothing wrong and there is no law that states he had to be 21 at the time of adjustment. I won't bore you with that any further, but this is a situation where we need something in writing (I don't think an e-mail will suffice, because they can be tampered with) on official letterhead or the actual EAD card. We have been shafted one too many times by the USCIS to risk anything at this stage in the game.

[rebeccajo 14]

The problem, Becca, is that my son cannot risk, not even the tiniest amount, doing anything that isn't 100% correct procedurally, because it will give them the excuse they need to deny his AOS application and we would have no argument. At the moment they are denying him but we have a case against them - because he has done nothing wrong and there is no law that states he had to be 21 at the time of adjustment. I won't bore you with that any further, but this is a situation where we need something in writing (I don't think an e-mail will suffice, because they can be tampered with) on official letterhead or the actual EAD card. We have been shafted one too many times by the USCIS to risk anything at this stage in the game.

I understand.

Is the case status updated online? Where the employer could see the approval online if they statused it themselves?

Would that be legal 'enough'?

[TracyTN 237]

That's a good idea, Becca. Maybe have Michael show them the case number from his NOA1, then pull up the status online for them. They should then be able to match the case number to the one they see on the website and realize that he just doesn't have the 'physical' form yet.

[Girona40 0]

They haven't updated the on-line status. It still says pending!

[Yodrak 7]

Girona,

Your son's prior EA status expires on the 11th?

Show the e-mail from USCIS to the employer. It clearly indicates that your son's EA status has been renewed. The employer should then be willing to wait 90 days for your son to receive and show the new EAC.

Have a read through M279 Handbook for Employers on the USCIS web site for supporting information your son can use should the employer be reluctant to give the 90 days to present the new card.

Yodrak

I knew it wouldn't be simple!

My son's EAD was approved, apparently, and we were told it was to be mailed. That was on the 26th December. It still hasn't arrived and his current EAD expires on the 11th of this month (Thursday).

I contact the District Office and make an INFOPASS appointment. Someone on this site said that they don't issue Interim EAD's any more, just make inquiries of the Service Center. So, with it being 5 hours from here, I thought it would be prudent to e-mail the District Office and ask.

The response:-

"Mr. **** is not eligible for an interim employment card as employment authorization has been granted"

So, now what is he supposed to do. What is he supposed to provide his employer, who is asking that he provide his new EAD on the 11th, so he can keep his job!

This whole thing is just getting ridiculous. Is there anything that the USCIS can do in good time?

Edited January 8, 2007 by Yodrak

[rebeccajo 14]

They haven't updated the on-line status. It still says pending!

That figures. Wes about-to-expire AP still says pending.

But his EAD online status was one thing they did update. I was hoping the same might be the case for Michael. Sorry my idea was a bust. Was hoping it might help.

[Girona40 0]

Yodrak, thank you so much for your advice. I will look at the Handbook now. His employers are really pedantic when it comes to their paperwork.

Thanks

G.

[Yodrak 7]

Girona,

I hope you will find something that will satisfy the employer. Maybe there will be something in the Q&A section that will be useful.

Yodrak

Yodrak, thank you so much for your advice. I will look at the Handbook now. His employers are really pedantic when it comes to their paperwork.

Thanks

G.

[Girona40 0]

Girona,

I hope you will find something that will satisfy the employer. Maybe there will be something in the Q&A section that will be useful.

Yodrak

Yodrak, thank you so much for your advice. I will look at the Handbook now. His employers are really pedantic when it comes to their paperwork.

Thanks

G.

Both myself and my husband have read the sections of the Handbook that apply and, maybe because my son's situation is a little unusual, he is not covered under any of the rules in the discrimination section and he has none of the acceptable documents.

We also looked at this Proof of EA and there is nothing there that helps him either.

The Receipt Rule doesn't even apply - if he had lost his EAD, or it was damaged, he could use the application receipt, but not when applying once your original EAD expires. If he were someone granted assylum or someone with a valid registration card, as temp. workers apparently get, then he would be covered. But he doesn't seem to fit into any catagory.

I am just praying now that it turns up in the mail in the next two days.

[Girona40 0]

This is what the District Office says in response to my question "What can he use as proof that he is authorized to work in the US?"

Your son should discuss the matter with his employer to determine what documents they require to have on file.

Am I missing something???? Isn't it what the Department of Homeland Security require the employers to have on file?

[LaL 418]

Girona,

I hope you will find something that will satisfy the employer. Maybe there will be something in the Q&A section that will be useful.

Yodrak

Yodrak, thank you so much for your advice. I will look at the Handbook now. His employers are really pedantic when it comes to their paperwork.

Thanks

G.

Both myself and my husband have read the sections of the Handbook that apply and, maybe because my son's situation is a little unusual, he is not covered under any of the rules in the discrimination section and he has none of the acceptable documents.

We also looked at this Proof of EA and there is nothing there that helps him either.

The Receipt Rule doesn't even apply - if he had lost his EAD, or it was damaged, he could use the application receipt, but not when applying once your original EAD expires. If he were someone granted assylum or someone with a valid registration card, as temp. workers apparently get, then he would be covered. But he doesn't seem to fit into any catagory.

I am just praying now that it turns up in the mail in the next two days.

i hope for you Glenys. You can see in our timeline our EAD was approved recently and just saturday it came in the mail (check my siggy for exact dates). Hopefully it will arrive shortly!

[Girona40 0]

Girona,

I hope you will find something that will satisfy the employer. Maybe there will be something in the Q&A section that will be useful.

Yodrak

Yodrak, thank you so much for your advice. I will look at the Handbook now. His employers are really pedantic when it comes to their paperwork.

Thanks

G.

Both myself and my husband have read the sections of the Handbook that apply and, maybe because my son's situation is a little unusual, he is not covered under any of the rules in the discrimination section and he has none of the acceptable documents.

We also looked at this Proof of EA and there is nothing there that helps him either.

The Receipt Rule doesn't even apply - if he had lost his EAD, or it was damaged, he could use the application receipt, but not when applying once your original EAD expires. If he were someone granted assylum or someone with a valid registration card, as temp. workers apparently get, then he would be covered. But he doesn't seem to fit into any catagory.

I am just praying now that it turns up in the mail in the next two days.

i hope for you Glenys. You can see in our timeline our EAD was approved recently and just saturday it came in the mail (check my siggy for exact dates). Hopefully it will arrive shortly!

That's not good for me to hear! If your EAD was approved on the 28th December and you got it on Saturday, we have a problem.

Yours did go through Missouri Service Center, right? That's what we have been told is happening with all EAD applications now - not sure how correct that is.

Anyway, my son's was approved on the 27th November - still no card, or updated on-line status.