Has anyone filed an EAD to a local office with code (a)(6) short before K-1 expires

[Mr and Mrs Bird 0]

I have big worries about my EAD since my lawyer has mailed our EAD with a code (a)(6) to our local office in California just 5 days before my visa expires. AOS/AP is in Chicago.

I am reading instructions and guides over and over again, but don't see anything about how it works this way.

This is from the instructions and I guess this is ok.

Some local offices may allow you to submit your I-765 locally with your NOA from the I-485. In this case you would not file the I-765 with the Adjustment of Status Package. You would wait for the NOA from the AOS package and bring it with your completed I-765 to your local office. This means you can possibly have the EAD processed faster (however you will have to wait for the NOA and the local office will also have to allow this). Contact your local office to see if this applies to you prior to filing for AOS (ex: Los Angeles allows this as of Oct 2005).

And here is the response mail from my lawyer when I asked him about it.

Your applications were NOT filed “concurrently” with your adjustment of status, even though they were filed at the same time. When CIS uses the word “concurrently” it means that they were filed together (even though that is not the literal meaning of the word). I filed your applications separately (with different CIS offices) even though they were filed at the same time. The reason is because CIS in San Diego will not authorize an (a)(9) EAD for a minimum of 90 days after filing of the AOS. It may not take that long to get the (a)(6) based on your authorized entry in K-1 status.

I would appreciate any response and experiences.

Anette

[Kez/JWolf 6]

Dont know why your Lawyer would send EAD application to your local office as they do not deal with EAD also if you file based on your K1 (a6) your EAD would only be valid until the 90th day after entry to the USA and will still take 75 - 90 days to process... it should have been based on your AOS (c9) and it should have been sent to the Chicago Lockbox....

Maybe time for a new lawyer or do as most people do and do it yourself...

Kez

[LaL 418]

I have big worries about my EAD since my lawyer has mailed our EAD with a code (a)(6) to our local office in California just 5 days before my visa expires. AOS/AP is in Chicago.

I am reading instructions and guides over and over again, but don't see anything about how it works this way.

This is from the instructions and I guess this is ok.

Some local offices may allow you to submit your I-765 locally with your NOA from the I-485. In this case you would not file the I-765 with the Adjustment of Status Package. You would wait for the NOA from the AOS package and bring it with your completed I-765 to your local office. This means you can possibly have the EAD processed faster (however you will have to wait for the NOA and the local office will also have to allow this). Contact your local office to see if this applies to you prior to filing for AOS (ex: Los Angeles allows this as of Oct 2005).

And here is the response mail from my lawyer when I asked him about it.

Your applications were NOT filed "concurrently" with your adjustment of status, even though they were filed at the same time. When CIS uses the word "concurrently" it means that they were filed together (even though that is not the literal meaning of the word). I filed your applications separately (with different CIS offices) even though they were filed at the same time. The reason is because CIS in San Diego will not authorize an (a)(9) EAD for a minimum of 90 days after filing of the AOS. It may not take that long to get the (a)(6) based on your authorized entry in K-1 status.

I would appreciate any response and experiences.

Anette

where did he send your two applications? As of right now the Chicago Lockbox should receive both and yes you DID file CONCURRENTLY. Since you filed for AOS you should be filing C(9)

Edited July 5, 2007 by lal_brandow

[rebeccajo 14]

...even renewals of EAD's for K-1 adjustees are class ©(9).

If your adjustment is based upon marriage to a USC, your employment authorization should be tied to that for maximum benefit to you.

[Mr and Mrs Bird 0]

About hiring another lawyer or do it ourself is a kind of too late now.

Our AOS/AP is pending in Chicago

And same is the EAD in California

I wonder why I don't hear from them if it is totally wrong that he used an (a)(6) code

[LaL 418]

well on the USCIS site this might be where your attorney is getting the locale to apply to:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

c(6) Fiance(e) : Service Center with jurisdiction over your residence.

that said the instructions on the form clearly state :

If your response to Question 16 is (a)(9), mail your application to:

USCIS

P.O. Box 7218

Chicago, IL 60680-7218

and

If your response to question 16 is ©(9), file your applicationat the same local USCIS office or Service Center where you submitted your adjustment of status application.

Edited July 5, 2007 by lal_brandow

[Mr and Mrs Bird 0]

well on the USCIS site this might be where your attorney is getting the locale to apply to:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

c(6) Fiance(e) : Service Center with jurisdiction over your residence.

that said the instructions on the form clearly state :

If your response to Question 16 is (a)(9), mail your application to:

USCIS

P.O. Box 7218

Chicago, IL 60680-7218

and

If your response to question 16 is ©(9), file your applicationat the same local USCIS office or Service Center where you submitted your adjustment of status application.

Yes I believe that this is the page he use.

I must hope he knows what he is doing, because I am very frustrated reading all this.

And as you can see he is very sure about that he is doing it correct.

[Yodrak 7]

Anette,

Any EAD issued on the basis of (a)(6) would have expired a month ago, when your K1 status expired.

Yodrak

I have big worries about my EAD since my lawyer has mailed our EAD with a code (a)(6) to our local office in California just 5 days before my visa expires. AOS/AP is in Chicago.

I am reading instructions and guides over and over again, but don't see anything about how it works this way.

This is from the instructions and I guess this is ok.

Some local offices may allow you to submit your I-765 locally with your NOA from the I-485. In this case you would not file the I-765 with the Adjustment of Status Package. You would wait for the NOA from the AOS package and bring it with your completed I-765 to your local office. This means you can possibly have the EAD processed faster (however you will have to wait for the NOA and the local office will also have to allow this). Contact your local office to see if this applies to you prior to filing for AOS (ex: Los Angeles allows this as of Oct 2005).

And here is the response mail from my lawyer when I asked him about it.

Your applications were NOT filed "concurrently" with your adjustment of status, even though they were filed at the same time. When CIS uses the word "concurrently" it means that they were filed together (even though that is not the literal meaning of the word). I filed your applications separately (with different CIS offices) even though they were filed at the same time. The reason is because CIS in San Diego will not authorize an (a)(9) EAD for a minimum of 90 days after filing of the AOS. It may not take that long to get the (a)(6) based on your authorized entry in K-1 status.

I would appreciate any response and experiences.

Anette

[Mr and Mrs Bird 0]

Anette,

Any EAD issued on the basis of (a)(6) would have expired a month ago, when your K1 status expired.

Yodrak

Maybe he have changed it since, because we already wondered about why California Service center first recieved our application june 13 and we mailed june 1.

The EAD is then touched on june 20

[Yodrak 7]

Mr and Mrs Bird,

Maybe he (your attorney?) changed what? The basis for the application?

If the I-765 mailed on June 1 was on the basis of (a)(6) it was a waste of time and money because your K1 status expired on June 5 - yes?

If the I-765 mailed on June 1 was on the basis of (c )(9) it may also have been a waste of time and money if it was not sent in the same package with the I-485 application to adjust status.

Yodrak

Anette,

Any EAD issued on the basis of (a)(6) would have expired a month ago, when your K1 status expired.

Yodrak

Maybe he have changed it since, because we already wondered about why California Service center first recieved our application june 13 and we mailed june 1.

The EAD is then touched on june 20

Edited July 5, 2007 by Yodrak

[Mr and Mrs Bird 0]

Mr and Mrs Bird,

Maybe he (your attorney?) changed what? The basis for the application?

If the I-765 mailed on June 1 was on the basis of (a)(6) it was a waste of time and money because your K1 status expired on June 5 - yes?

If the I-765 mailed on June 1 was on the basis of (c )(9) it may also have been a waste of time and money if it was not sent in the same package with the I-485 application to adjust status.

Yodrak

Anette,

Any EAD issued on the basis of (a)(6) would have expired a month ago, when your K1 status expired.

Yodrak

Maybe he have changed it since, because we already wondered about why California Service center first recieved our application june 13 and we mailed june 1.

The EAD is then touched on june 20

I am waiting for his response on this question.

I don't know what is going on.

Some people have before told me that if I am mailing AOS and EAD together then it is a c9, or if EAD is mailed after AOS then it is a c9.

[featherB 1]

Mr and Mrs Bird,

Maybe he (your attorney?) changed what? The basis for the application?

If the I-765 mailed on June 1 was on the basis of (a)(6) it was a waste of time and money because your K1 status expired on June 5 - yes?

If the I-765 mailed on June 1 was on the basis of (c )(9) it may also have been a waste of time and money if it was not sent in the same package with the I-485 application to adjust status.

Yodrak

Anette,

Any EAD issued on the basis of (a)(6) would have expired a month ago, when your K1 status expired.

Yodrak

Maybe he have changed it since, because we already wondered about why California Service center first recieved our application june 13 and we mailed june 1.

The EAD is then touched on june 20

I am waiting for his response on this question.

I don't know what is going on.

Some people have before told me that if I am mailing AOS and EAD together then it is a c9, or if EAD is mailed after AOS then it is a c9.

That's because it will be (c ) (9) whether you are filing for EAD at the same time as AOS, or after you've filed for AOS - they're both on the basis of pending AOS (even if you send both applications in the same envelope).

[Yodrak 7]

Mr and Mrs Bird,

That is correct.

Yodrak

.....

Some people have before told me that if I am mailing AOS and EAD together then it is a c9, or if EAD is mailed after AOS then it is a c9.

[rebeccajo 14]

"If the I-765 mailed on June 1 was on the basis of (c )(9) it may also have been a waste of time and money if it was not sent in the same package with the I-485 application to adjust status.

Yodrak"

OK, you've got me here.

Why do you say this? Must be another wrinkle you know that I don't (happens often).

*plus I messed up the quote function - meh!*

Edited July 5, 2007 by rebeccajo

[Yodrak 7]

becca,

I-765 submitted on the basis of (c )(9) needs to include the Receipt Notice for the I-485 or other evidence that an I-485 has been submitted. Mr and Mrs Bird quote their attorney as saying that the two application were submitted on the same day but to two different CIS offices, so I'm hard pressed to think of what evidence of the I-485 filing might have been sent with the I-765.

Just the fact that the I-765 was sent to the wrong place for a (c )(9) submission might be enough to kill it.

Yodrak

"If the I-765 mailed on June 1 was on the basis of (c )(9) it may also have been a waste of time and money if it was not sent in the same package with the I-485 application to adjust status.

Yodrak"

OK, you've got me here.

Why do you say this? Must be another wrinkle you know that I don't (happens often).

*plus I messed up the quote function - meh!*