Long wait times for EAD and is an interim EAD possible?

[HeyEllie 1]

Hi all. I am in the US on an L2 visa. My husband is here with an L1A. We are from Canada. The receipt date for my EAD is August 14, 2019 and I am still waiting. No EAD or SSN. Current receipt date to inquire about a claim is June 1 and was a date in April when I filed in August so not moving much. So I have a long way to go I think. I read on a site called ***removed*** that if you have been waiting longer than 90 days for your EAD, you can present yourself at a USCIS office and request an interim EAD that could be valid for up to 240 days. Has anyone heard of this?  I can find nothing on the USCIS website so maybe ***removed*** isn't legit. I am very worried about how long it is taking to process this EAD as I want/need to work. I also read on the USCIS website that an EAD is usually only valid for a year and they don't want you to apply for renewal more than 6 months prior to its expiration date. At the rate it is taking for me to even get the first one, I fear it will long expire before a renewal could ever be received. Is anyone else stuck in this long queue and what if anything can I do about it?

Thanks for any insights. 

[HRQX 4,145]

1 hour ago, HeyEllie said:

I also read on the USCIS website that an EAD is usually only valid for a year.. 

(a)(18) category EAD is usually valid for 2 years.

1 hour ago, HeyEllie said:

So I have a long way to go I think.

If you get a job offer letter you can at least try an expedite.

Edited January 9, 2020 by HRQX

[Boiler 45,522]

The 90 day thing went away a long time ago, one of the reasons for the removed web site reference.

 

Apply for an expedite, doing so should be automatic.

 

 

[HRQX 4,145]

1 hour ago, HeyEllie said:

if you have been waiting longer than 90 days for your EAD, you can present yourself at a USCIS office and request an interim EAD that could be valid for up to 240 days. Has anyone heard of this?

A rule change in 2017 eliminated that interim EAD: https://www.uscis.gov/archive/archive-news/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs "Eliminate the regulatory provision that requires USCIS to adjudicate the Form I-765, Application for Employment Authorization, within 90 days of filing and that authorizes interim EADs in cases where such adjudications are not conducted within the 90-day timeframe."

[jmn1012 25]

7 hours ago, HeyEllie said:

Hi all. I am in the US on an L2 visa. My husband is here with an L1A. We are from Canada. The receipt date for my EAD is August 14, 2019 and I am still waiting. No EAD or SSN. Current receipt date to inquire about a claim is June 1 and was a date in April when I filed in August so not moving much. So I have a long way to go I think. I read on a site called ***removed*** that if you have been waiting longer than 90 days for your EAD, you can present yourself at a USCIS office and request an interim EAD that could be valid for up to 240 days. Has anyone heard of this?  I can find nothing on the USCIS website so maybe ***removed*** isn't legit. I am very worried about how long it is taking to process this EAD as I want/need to work. I also read on the USCIS website that an EAD is usually only valid for a year and they don't want you to apply for renewal more than 6 months prior to its expiration date. At the rate it is taking for me to even get the first one, I fear it will long expire before a renewal could ever be received. Is anyone else stuck in this long queue and what if anything can I do about it?

Thanks for any insights. 

Not sure if I am barking up the wrong tree here however if you look at the processing times data on VJ USCIS seem to be processing EAD's from towards the end of Aug 2019 at present so your case

Not sure if the SSN will come at the same time or before.

[HeyEllie 1]

9 hours ago, HRQX said:

(a)(18) category EAD is usually valid for 2 years.

If you get a job offer letter you can at least try an expedite.

Thanks for the information. I will look into it.

[HeyEllie 1]

2 hours ago, jmn1012 said:

Not sure if I am barking up the wrong tree here however if you look at the processing times data on VJ USCIS seem to be processing EAD's from towards the end of Aug 2019 at present so your case

Not sure if the SSN will come at the same time or before.

I have been checking the receipt date for a case inquiry on the USCIS Vermont service center where I filed.  Wasn't sure about any other way to check processing times. I will look at this too. The immigration lawyer hired by my husband's employer told me my SSN would come with the EAD. My husband had to go to the Social Security offices to get his and the lawyer said I would probably get my EAD and SSN in the mail faster than Social Security could mail my husband's card to him. Boy, was he wrong! The company has since acquired a mew immigration lawyer for other stuff they are doing. I haven't spoken to this fellow about my situation. I assumed there was nothing to be done but wait. I will look into applying for an expedited EAD though. Worth a shot. 

[jmn1012 25]

7 minutes ago, HeyEllie said:

I have been checking the receipt date for a case inquiry on the USCIS Vermont service center where I filed.  Wasn't sure about any other way to check processing times. I will look at this too. The immigration lawyer hired by my husband's employer told me my SSN would come with the EAD. My husband had to go to the Social Security offices to get his and the lawyer said I would probably get my EAD and SSN in the mail faster than Social Security could mail my husband's card to him. Boy, was he wrong! The company has since acquired a mew immigration lawyer for other stuff they are doing. I haven't spoken to this fellow about my situation. I assumed there was nothing to be done but wait. I will look into applying for an expedited EAD though. Worth a shot. 

Was just checking that the SSN was applied for. I am sure when I went thru my forms there was a tick the box to apply for a SSN to be issued at the same time or you will need to visit social security 

[aquatic_brewer 39]

8 hours ago, HeyEllie said:

I have been checking the receipt date for a case inquiry on the USCIS Vermont service center where I filed.  Wasn't sure about any other way to check processing times. I will look at this too. The immigration lawyer hired by my husband's employer told me my SSN would come with the EAD. My husband had to go to the Social Security offices to get his and the lawyer said I would probably get my EAD and SSN in the mail faster than Social Security could mail my husband's card to him. Boy, was he wrong! The company has since acquired a mew immigration lawyer for other stuff they are doing. I haven't spoken to this fellow about my situation. I assumed there was nothing to be done but wait. I will look into applying for an expedited EAD though. Worth a shot. 

Have you put the receipt number you got from your EAD into the USCIS website?  That will tell you the latest update.  The number will start with MSC.

 

EAD is usually handled by the national service center in Chicago, not by the local office, so Vermont probably won't be able to update you on it.

Edited January 9, 2020 by aquatic_brewer

[HRQX 4,145]

1 hour ago, aquatic_brewer said:

The number will start with MSC.

 

EAD is usually handled by the national service center in Chicago,

Not all EAD cases start with MSC. OP's EAD category is "Spouse of an L-1 intracompany transferee." That category is usually processed in California or Vermont.

[aquatic_brewer 39]

30 minutes ago, HRQX said:

Not all EAD cases start with MSC. OP's EAD category is "Spouse of an L-1 intracompany transferee." That category is usually processed in California or Vermont.

Ah, thank you for the corrections!  So would OP still have a receipt number on an NOA that they could use on the USCIS site to check progress, or it's totally different?

[HRQX 4,145]

54 minutes ago, aquatic_brewer said:

would OP still have a receipt number on an NOA that they could use on the USCIS site to check progress

Yes

[HeyEllie 1]

On 1/9/2020 at 6:15 PM, aquatic_brewer said:

Have you put the receipt number you got from your EAD into the USCIS website?  That will tell you the latest update.  The number will start with MSC.

 

EAD is usually handled by the national service center in Chicago, not by the local office, so Vermont probably won't be able to update you on it.

Thanks for the reply. Yes, I have put my receipt number into the USCIS contact center page where you can check your status. My number starts with EAC. It just says they have received my file and the receipt date from August. I check at least once a week 🙄 May I ask you a question though? I noticed your status is "adjustment of status - pending". My husband's employer has said rather than renew our L1A when the time comes, they will apply for adjustment of status to green card instead. That will allow us to make long term plans and put down roots, etc. I am wondering how you are finding this process? Do you find it pretty much goes according to the explanation on the USCIS website? Timelines, etc.? Where everything is taking longer with me I half wonder if we should be starting adjustment of status sooner rather than later. All the best. 

[Crazy Cat 41,884]

On 1/9/2020 at 5:15 PM, aquatic_brewer said:

Have you put the receipt number you got from your EAD into the USCIS website?  That will tell you the latest update.  The number will start with MSC.

 

EAD is usually handled by the national service center in Chicago, not by the local office, so Vermont probably won't be able to update you on it.

MSC is the Missouri Service Center....otherwise known as the National Benefits Center in Lee's Summit, Missouri.

[aquatic_brewer 39]

21 minutes ago, HeyEllie said:

Thanks for the reply. Yes, I have put my receipt number into the USCIS contact center page where you can check your status. My number starts with EAC. It just says they have received my file and the receipt date from August. I check at least once a week 🙄 May I ask you a question though? I noticed your status is "adjustment of status - pending". My husband's employer has said rather than renew our L1A when the time comes, they will apply for adjustment of status to green card instead. That will allow us to make long term plans and put down roots, etc. I am wondering how you are finding this process? Do you find it pretty much goes according to the explanation on the USCIS website? Timelines, etc.? Where everything is taking longer with me I half wonder if we should be starting adjustment of status sooner rather than later. All the best. 

Yes, do keep checking it.  My process sounds different to yours as @HRQX has pointed out.  So perhaps it won't be exactly the same but I think mine went from "Case Received" to "Fingerprints Received" (that happened after a biometrics appointment I had to attend but again, you may not have to do that, perhaps someone else can comment?  Then from there It went to "new card being produced/approved".  I actually created and online USCIS account where I was able to input my receipt number.  They then emailed me (and text) when there was a status change in any of my cases, which was handy.

 

Regarding adjustment of status (AOS).  My process has been straight forward enough so far, I'm adjusting from a K1 visa, meaning I married a US citizen.  I researched and filed all my paperwork without any assistance other than the good folks on this forum.  The main issue for me is the location I am filing from.  I'm in Seattle, WA which has some of the longest wait times for AOS in the country.  The wait time here is around 475 days from when the receive your case.  For the vast majority of people, that is not the case.  You can look for your local office (who I assume would handle your GC application) here.  The associated processing time estimates from VJ are listed with them.  VJ uses averages from other peoples cases to produce these stats, so they're not always on point but serve as a good guide. USCIS provide official estimates on their site too but they have a very wide range "12 - 19 months", for example.

 

Again, I'm not sure how the mechanics of your case differs from mine due to the type of visa we're on but maybe others can help with that.

Edited January 11, 2020 by aquatic_brewer