EAD over 90 days

[waiting-1 0]

Filed to renews EAD January 11, 2007 and so far nothing. Its been well over 90 days, made an inquiry over the phone and got the standard "you will hear from us in 45 days". Went to infopass and they sent an e-mail to MSC and was told that it can take up to another 60 days. So, naturally I asked the officer what I should do as my EAD is expiring on 4/20/07, and he said just keep waiting. I was just furious.

Been in name check since 02/2006, and I was just going over the USCIS expedite criteria and the first one is "Severe financial loss to company or individual". I printed that out and going to another infopass tomorrow to see what the hell is going on, maybe they will speed up the name check.

[rebeccajo 14]

What is the receipt date on your NOA1? Your 90 day time clock starts there.

USCIS.gov advises to file for renewal at least 100 days prior to expiration of the old EAD.

[waiting-1 0]

What is the receipt date on your NOA1? Your 90 day time clock starts there.

USCIS.gov advises to file for renewal at least 100 days prior to expiration of the old EAD.

NOA date is January 11, 2007, its been a hundred days already

[LaL 418]

there really isnt anything you CAN do other than do infopasses and wait at this time. Hopefully USCIS will update their processing times soon so you can get a better picture as to what they are currently processing (or check out current YIPPEE, i got my EAD threads).

good luck on your next infopass appt.

[rebeccajo 14]

What is the receipt date on your NOA1? Your 90 day time clock starts there.

USCIS.gov advises to file for renewal at least 100 days prior to expiration of the old EAD.

NOA date is January 11, 2007, its been a hundred days already

It should be forthcoming then.

I've observed that renewals do seem to take a bit longer than initial petitions. I don't know why. It seems to me (just from slight observation) that some folks seem to get their first EAD well inside the 90 day window, but the renewals push the envelope or even go over.

At any rate I hope you see it soon. Believe me, I know what it's like to stress over this.

[meauxna 15]

I went to look up something about reverification and came across this potentially useless tidbit:

http://www.uscis.gov/files/article/EIB102.pdf

SECTION 3: UPDATING AND REVERIFICATION

Reverification requirement: Employers are required to reverify employment eligibility when an employee’s employment authorization indicated in Section 1 or evidence of employment authorization recorded in Section 2 has expired. An employer may also reverify employment authorization, in lieu of completing a new Form I-9, when an employee is rehired within three years of the date that the Form I-9 was originally completed and the employee’s work authorization or evidence of work authorization has expired. The reverification requirement does not apply to the U.S. passport or “green card” (Form I-551). Note that temporary evidence of permanent resident status in the form of an unexpired foreign passport containing a temporary I-551 ADIT stamp is subject to the reverification requirement.

IMPORTANT: Most employers find it useful to institute a system that reminds them automatically, in advance, that a given employee’s authorization document will expire. Advance warning assists both employees and employers, since early notice will usually allow employees time to renew the authorization prior to the expiration date and avoid penalties for employers . Enough advance warning is important so that the employee can apply for and receive replacement documents in time to maintain uninterrupted employment. Note that U.S. Citizenship and Immigration Services’ processing of applications for work authorization or evidence of work authorization can take up to 90 days.

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.)

Note: Employees are not required to present, for reverification purposes, a new version of the same document that was presented to satisfy Section 2 but subsequently expired. Any document or combination of documents that would be acceptable to demonstrate work eligibility/authorization under Section 2 may be presented for reverification purposes. It is the employee’s choice as to which document to present.

This part may have been overwritten or overruled by something else, but do with it what you will. I have not read of anyone here doing this.. I wonder what result you'd get? (yeah, I have an idea...)

Interim Employment Authorization

• Also note, except in the case of an initial application for employment authorization in the case of an applicant for asylum and certain applicants for adjustment of status, U.S. Citizenship and Immigration Services is required to adjudicate applications for employment authorization on Form I-765 within 90 days from the date of its receipt of the application. Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days. Such authorization shall be subject to any conditions noted on the employment authorization document. However, if the application is denied prior to the expiration date of the interim employment authorization, the interim employment authorization document granted under this section shall automatically terminate as of the date of the adjudication and denial. See 8 C.F.R. 274a.13(d) at www.uscis.gov. In order to receive this interim employment authorization document, the individual needs to go to a local U.S. Citizenship and Immigration Services office. If the local office refuses to issue an interim employment authorization document, please contact the Office of Business Liaison.

http://www.osec.doc.gov/obl/