Simple Question for Temporary EAD

[heuristic 0]

I just wanted to ask you a simple question.

My EAD is still under process and the Temporary Work Authorization is expiring on 12th March. Can I continue to work? or Is it possible to get another temporary work permit till the EAD gets approved?

I read somewhere on the USCIS website that "If the EAD does not get approved within 90 days of submission, we can apply for an interim work permit".

Is there a solution for this?

Take Care,

Heuristic

[SC & TF 1]

I just wanted to ask you a simple question.

My EAD is still under process and the Temporary Work Authorization is expiring on 12th March. Can I continue to work? or Is it possible to get another temporary work permit till the EAD gets approved?

I read somewhere on the USCIS website that "If the EAD does not get approved within 90 days of submission, we can apply for an interim work permit".

Is there a solution for this?

Take Care,

Heuristic

When did you apply for your EAD?

[heuristic 0]

I just wanted to ask you a simple question.

My EAD is still under process and the Temporary Work Authorization is expiring on 12th March. Can I continue to work? or Is it possible to get another temporary work permit till the EAD gets approved?

I read somewhere on the USCIS website that "If the EAD does not get approved within 90 days of submission, we can apply for an interim work permit".

Is there a solution for this?

Take Care,

Heuristic

When did you apply for your EAD?

I applied for EAD on Jan 6th 2007. But I had to resend some papers for birth certificate on 2nd Feb.

[SC & TF 1]

I just wanted to ask you a simple question.

My EAD is still under process and the Temporary Work Authorization is expiring on 12th March. Can I continue to work? or Is it possible to get another temporary work permit till the EAD gets approved?

I read somewhere on the USCIS website that "If the EAD does not get approved within 90 days of submission, we can apply for an interim work permit".

Is there a solution for this?

Take Care,

Heuristic

When did you apply for your EAD?

I applied for EAD on Jan 6th 2007. But I had to resend some papers for birth certificate on 2nd Feb.

As far as I know, you can't keep working after your EAD expires. You have to wait until you get a new one. Since you just applied recently, I doubt if you'll get your EAD approved before your old one expires. Nowadays it is taking them almost the full 90 days or a little less to process EADs. And, with RFEs, you can never tell. I was lucky 'cos even with my RFE, I still got approved in 80 days from filing. Your RFE letter probably stated that getting an RFE could delay processing of your application. Which is why USCIS advises people to apply for EAD at least 90 or 100 days, I think, before your old one expires. Who knows, you might get lucky. Good luck.

[rebeccajo 14]

The interim EAD referred to is no longer available.

The temp EAD you received upon entry begins on entry date and expires the same time as your I94.

The one year EAD also has a beginning and ending date.

You may experience a gap between the expiration of the temp EAD and the start date of the one year EAD.

A 'gap' in your covered employment is the same to your employer as hiring you without ever having had work authorization. The risk is largely his.

[am1996 0]

The interim EAD referred to is no longer available.

Interim EAD's are still available and are required to be issued under the applicable statute. They are just not available from the local offices, that's all. If the 90 day statutory deadline has passed and the local office has made an inquiry on your behalf, NBC is required to promptly issue an interim 240 day EAD or a one year EAD.

[zsam 0]

NBC and USCIS need to be reminded of the law that they should allow people to work after 90 days of filing. Hopefully AILF's lawsuit will knock some sense into these jerks.

Local offices also need to get their act together and stop giving conflicting information and being @#$%#@%.

mini-rant for the day...

[heuristic 0]

Hello everyone,

There is some good information for everyone out there. I am K1 visa holder and my AOS, and EAD are under process. I contacted the USCIS customer service center recently, and I have confirmed information that an interim EAD can be requested for if the porcessing of EAD (I-765) by the USICS takes more than 90 days.

For this you have to meet the immigration officer at the local USCIS office and make a case for the interim EAD.

It would be nice if anyone can make a comment or confirm this information.

Bye

[zsam 0]

Hello everyone,

There is some good information for everyone out there. I am K1 visa holder and my AOS, and EAD are under process. I contacted the USCIS customer service center recently, and I have confirmed information that an interim EAD can be requested for if the porcessing of EAD (I-765) by the USICS takes more than 90 days.

For this you have to meet the immigration officer at the local USCIS office and make a case for the interim EAD.

It would be nice if anyone can make a comment or confirm this information.

Bye

Yes, it would be good to have details. We went and were told they could not help us. If this is not true then I am happy to go back and be a pain.

[shusterman 0]

Here are two links that might be of help:

http://www.uscis.gov/files/pressrelease/EA...gCh072806PN.pdf

http://www.uscis.gov/files/pressrelease/El...88B_081806R.pdf (read Pages 3-4, specifically pertains to issuance of Interim EADs for pending EADs which have yet to be adjudicated by day 90. However, having an RFE issued may or may not interrupt the 90-day count.)

Edited March 1, 2007 by shusterman

[am1996 0]

Hello everyone,

There is some good information for everyone out there. I am K1 visa holder and my AOS, and EAD are under process. I contacted the USCIS customer service center recently, and I have confirmed information that an interim EAD can be requested for if the porcessing of EAD (I-765) by the USICS takes more than 90 days.

For this you have to meet the immigration officer at the local USCIS office and make a case for the interim EAD.

It would be nice if anyone can make a comment or confirm this information.

Bye

Yes, it would be good to have details. We went and were told they could not help us. If this is not true then I am happy to go back and be a pain.

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 (as of October 1, 2006 USCIS' local offices no longer process interim EAD's and all such requests go through the National Benefits Center).

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.

Once again, interim EAD's are still available and are required to be issued under the applicable statute (see above). They are just not available from the local offices, that's all. If the 90 day deadline has passed and the local office has made an inquiry on your behalf, NBC is required to promptly issue an interim 240 day EAD or a one year EAD.

[Emo 0]

I just wanted to ask you a simple question.

My EAD is still under process and the Temporary Work Authorization is expiring on 12th March. Can I continue to work? or Is it possible to get another temporary work permit till the EAD gets approved?

I read somewhere on the USCIS website that "If the EAD does not get approved within 90 days of submission, we can apply for an interim work permit".

Is there a solution for this?

Take Care,

Heuristic

When did you apply for your EAD?

I applied for EAD on Jan 6th 2007. But I had to resend some papers for birth certificate on 2nd Feb.

As far as I know, you can't keep working after your EAD expires. You have to wait until you get a new one. Since you just applied recently, I doubt if you'll get your EAD approved before your old one expires. Nowadays it is taking them almost the full 90 days or a little less to process EADs. And, with RFEs, you can never tell. I was lucky 'cos even with my RFE, I still got approved in 80 days from filing. Your RFE letter probably stated that getting an RFE could delay processing of your application. Which is why USCIS advises people to apply for EAD at least 90 or 100 days, I think, before your old one expires. Who knows, you might get lucky. Good luck.

Don’t quit your job after the expiration of 90 days temp EAD unless you are asked by the employer.

[heuristic 0]

Hello All,

I am facing a problem regarding my 1-765 form. In the eligibility section of the I-765 form we entered the code as "(a) (6)" rather than "© (9)". Will this effect the EAD processing?.

[Yodrak 7]

zsam,

Perhaps your attitude has something to do with people's willingness to help you.

Yodrak

Yes, it would be good to have details. We went and were told they could not help us. If this is not true then I am happy to go back and be a pain.

NBC and USCIS need to be reminded of the law that they should allow people to work after 90 days of filing. Hopefully AILF's lawsuit will knock some sense into these jerks.

Local offices also need to get their act together and stop giving conflicting information and being @#$%#@%.

mini-rant for the day...

[LaL 418]

Y. with all due respect zsam has been through alot with her lack of EAD. It's possible these two quotes are her venting her frustration for being denied interim benefits for over a year. I am certain many others also vent here and are curteous when dealing with employees at USCIS.

zsam,

Perhaps your attitude has something to do with people's willingness to help you.

Yodrak

Yes, it would be good to have details. We went and were told they could not help us. If this is not true then I am happy to go back and be a pain.

NBC and USCIS need to be reminded of the law that they should allow people to work after 90 days of filing. Hopefully AILF's lawsuit will knock some sense into these jerks.

Local offices also need to get their act together and stop giving conflicting information and being @#$%#@%.

mini-rant for the day...