Interim EAD's

[Girona40 0]

There are others, reported on other websites, that were approved in December and received their EAD's a few days later. I suspect this is going to be another problem we have to deal with.

Great!

[Yodrak 7]

Girona,

Look at Part 7, Q 6, on page 14 of the Handbook. I see nothing that disqualifies your son.

- His latest application for EA has been approved, he has renewed EA. You have an e-mail from USCIS that so states.

- He can present a copy of the application that resulted in this renewed EA status.

Why can he not show the application and the e-mail on the 11th, and then have 90 days to show the "acceptable document"?

The employer may be able to give you what they think is a good reason for a negative answer to my question. Give them the opportunity to do so, you may get a surprise - they may agree that he can continue working for another 90 days while waiting for the card to arrive in the mail.

Yodrak

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.

[Yodrak 7]

Girona,

The law passed by Congress and signed by the President set the requirement.

It's the ICE section of DHS, not the CIS section, that enforces this law.

Yodrak

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?

[Girona40 0]

Girona,

Look at Part 7, Q 6, on page 14 of the Handbook. I see nothing that disqualifies your son.

- His latest application for EA has been approved, he has renewed EA. You have an e-mail from USCIS that so states.

- He can present a copy of the application that resulted in this renewed EA status.

Why can he not show the application and the e-mail on the 11th, and then have 90 days to show the "acceptable document"?

The employer may be able to give you what they think is a good reason for a negative answer to my question. Give them the opportunity to do so, you may get a surprise - they may agree that he can continue working for another 90 days while waiting for the card to arrive in the mail.

Yodrak

Part 7, Q6 of the Handbook of 1991 does NOT apply to my son. This section only applies to NEW HIRES. He has worked for this company for almost a year now.

The requirements when it comes to reverification of EA are totally different.

Part 7, Q27 of the same Handbook outlines what is required of an employer i.e. "The employee must show a document that shows either an extension of the employee's employment authorization, or a new work authorization."

E-mail is not acceptable, and what is considered acceptable is clearly outlined in the more-recently issued Employer Information Bulletin 102, dated October 2005, Section 3 "Reverification Process"

"Employers must reverify employment authorization on Section 3 of the Form I-9, or complete a new Form I-9 to be attached to the original Form I-9, no later than the date that employment authorization or employment authorization documentation expires. To reverify expired status (Section 1) and/or expired work authorization document(s) (Section 2), an employee may present any currently valid document from List A or List C. Remember: Receipts showing that the employee has applied for an extension of an expired employment authorization document are not acceptable. (See Receipt Rule.)"

Employer Information Bulletin 102 - October 2005

You will see that a receipt showing you applied for a new EAD is not acceptable either.

Anyway, all that aside...........my husband e-mailed the Center Director at the NBC, Mr. Cowan, and explained the situation and asked for his help. He replied, within an hour, and told my husband that he would get him an answer within 24 hours! He was true to his word and this morning we received an e-mail from the Customer Relations Officer at NBC.

It was a good job we didn't just sit and wait for my son's renewed EAD to come in the mail because according to the Customer Relations Officer the card has not been sent for production yet, because they claim biometrics were not on file. They kindly offered to copy over the biometrics from my son's old EAD to the new one and get it out in the mail. She stated that he would have it in his hand in the next 2 weeks.

We thanked her in our reply and mentioned that biometrics were completed on the 28th October, a receipt for which we have in hand. We also asked that the on-line status be updated, so that he can at least show his employer his status that way.

Thanks for all your help - let's hope that this is remedied now.

[TracyTN 237]

YAY good news, Glenys!!!! :)

[Girona40 0]

Only because we didn't let it lie. If we had taken the Pittsburgh Office at their word we would still be sitting here, weeks from now, waiting for his EAD that they said was in the mail.

[Girona40 0]

The NBC just e-mailed my husband and said that a letter is being faxed to his work's fax machine, signed by the Center Director, stating that my son's new EAD has been approved.

WOW!

[Yodrak 7]

Girona,

Part 7 Q6 applies to the verification process.

Part 7 Q27 applies to re-verification.

I submit that the rules for initial verification apply to re-verification as well - verification is verification.

That being said, it is good that you are looking at this issue from the viewpoint of an employer who is inclined to take a negative point of view. Understanding what points the employer may put forth prepares you to put forth counter-points. Maybe the employer will accept your counter-points. Keep in mind that the employer cannot accept any counter-points if you do not make them.

It is good that you followed up on the status of the card - well done, and congratulations on uncovering the problem and getting it resolved.

It will be interesting to see what the 'From' date is on the renewal EAC. I will not be surprised if your son's EA status has no interruption. Please let us know. And if this is the case, let the employer know also - politely - in the event that it does interrupt your son's employment even though his Employment Authorization status was not interrupted.

Yodrak

Girona,

Look at Part 7, Q 6, on page 14 of the Handbook. I see nothing that disqualifies your son.

- His latest application for EA has been approved, he has renewed EA. You have an e-mail from USCIS that so states.

- He can present a copy of the application that resulted in this renewed EA status.

Why can he not show the application and the e-mail on the 11th, and then have 90 days to show the "acceptable document"?

The employer may be able to give you what they think is a good reason for a negative answer to my question. Give them the opportunity to do so, you may get a surprise - they may agree that he can continue working for another 90 days while waiting for the card to arrive in the mail.

Yodrak

Part 7, Q6 of the Handbook of 1991 does NOT apply to my son. This section only applies to NEW HIRES. He has worked for this company for almost a year now.

The requirements when it comes to reverification of EA are totally different.

Part 7, Q27 of the same Handbook outlines what is required of an employer i.e. "The employee must show a document that shows either an extension of the employee's employment authorization, or a new work authorization."

E-mail is not acceptable, and what is considered acceptable is clearly outlined in the more-recently issued Employer Information Bulletin 102, dated October 2005, Section 3 "Reverification Process"

"Employers must reverify employment authorization on Section 3 of the Form I-9, or complete a new Form I-9 to be attached to the original Form I-9, no later than the date that employment authorization or employment authorization documentation expires. To reverify expired status (Section 1) and/or expired work authorization document(s) (Section 2), an employee may present any currently valid document from List A or List C. Remember: Receipts showing that the employee has applied for an extension of an expired employment authorization document are not acceptable. (See Receipt Rule.)"

Employer Information Bulletin 102 - October 2005

You will see that a receipt showing you applied for a new EAD is not acceptable either.

Anyway, all that aside...........my husband e-mailed the Center Director at the NBC, Mr. Cowan, and explained the situation and asked for his help. He replied, within an hour, and told my husband that he would get him an answer within 24 hours! He was true to his word and this morning we received an e-mail from the Customer Relations Officer at NBC.

It was a good job we didn't just sit and wait for my son's renewed EAD to come in the mail because according to the Customer Relations Officer the card has not been sent for production yet, because they claim biometrics were not on file. They kindly offered to copy over the biometrics from my son's old EAD to the new one and get it out in the mail. She stated that he would have it in his hand in the next 2 weeks.

We thanked her in our reply and mentioned that biometrics were completed on the 28th October, a receipt for which we have in hand. We also asked that the on-line status be updated, so that he can at least show his employer his status that way.

Thanks for all your help - let's hope that this is remedied now.

Edited January 9, 2007 by Yodrak

[LaL 418]

sad state of affairs when people like us have to "work" the system in order to get what is due to us. congratulations on getting it uncovered Glenys, what a sigh of relief.

I wish i could say, write to xyz and tell them what YOU YOURSELF uncovered when no one would listen to you, but sadly i doubt it would matter. When I wrote to my congressman about having uncovered an error in my K1 process and how I felt they should have done more to probe into it, I only got, "congratulations, have a nice life together" reply.

[Girona40 0]

sad state of affairs when people like us have to "work" the system in order to get what is due to us. congratulations on getting it uncovered Glenys, what a sigh of relief.

I wish i could say, write to xyz and tell them what YOU YOURSELF uncovered when no one would listen to you, but sadly i doubt it would matter. When I wrote to my congressman about having uncovered an error in my K1 process and how I felt they should have done more to probe into it, I only got, "congratulations, have a nice life together" reply.

It is pretty sad and my husband is the one that has done all the "delving" to get to the bottom of what the hell was going on. He is pretty fed up with this whole process and the inefficiency of the Service.

The whole problem actually stems from NBC not updating their system. If they had put on their system that biometrics were required we could have counter-argued that with the proof that we have that they were completed. Unfortunately, it was not on the system for the caseworker in Pittsburgh to see. She just had "approved" on her screen, nothing about requiring bio's. If my husband hadn't contacted the Center Director at NBC we would still be sitting here waiting and my son would be out of a job.

Yodrak, I am afraid I have to disagree with your definition of verification and re-verification being one and the same.

When you have been through what this family has, with negative responses being thrown at you from ALL directions, it is safer to take the "pessimistic" course of action, and take action before they "#### it up" (excuse my language). My son was laid off from his last place of work because of a delay in the renewal of his EAD, so we know that there are employers out there that do things "by the book".

[rebeccajo 14]

The NBC just e-mailed my husband and said that a letter is being faxed to his work's fax machine, signed by the Center Director, stating that my son's new EAD has been approved.

WOW!

THAT is awesome news!

[Yodrak 7]

Girona,

I agree that when someone has been through what you have been through one will be very pessimistic about their chances of prevailing when there is a difference of opinion on interpretation of the laws and regulations. Yet given the fight that you've put up to prevail against the incorrect USCIS decision on the AOS issue I was feeling a sense of disappointment that you're so quick to submit to the employer's interpretation on the EA issue. But that's your battle to fight as you see fit.

Your diligence in pursuing the I-765 processing status with the USCIS has apparently resolved the issue by other means, and getting the issue resolved is the goal. So congratulations on that and continued best wishes for success on the AOS.

Yodrak

.....

Yodrak, I am afraid I have to disagree with your definition of verification and re-verification being one and the same.

When you have been through what this family has, with negative responses being thrown at you from ALL directions, it is safer to take the "pessimistic" course of action, and take action before they "#### it up" (excuse my language). My son was laid off from his last place of work because of a delay in the renewal of his EAD, so we know that there are employers out there that do things "by the book".

Edited January 9, 2007 by Yodrak

[zsam 0]

Girona,

Do you have the email for the center director? We wrote a letter months ago and not a single person has answered any question we have. Our requests for an inquiry have also gone unanswered.

So any contact you can share would be much appreciated and congratulations on things working out.

[Girona40 0]

Thanks Yodrak. Let's hope we eventually get a positive outcome with his AOS at the end of all this.

Tulta munille!

[Traditions Way 0]

HI, Girona 40. where did you get the email of your District Office??? my husband EAD has been approved and even received email saying that the card has been ordered and the notice has been mailed and this way back in August 2006. Up to this time he never get the card yet? I called the 1800 number and they said the they cannot do anything because the case has been solved and we received mail that my husband needs to apply for EAD again.

Edited January 10, 2007 by Traditions Way