EAD Request at AOS Interview if Approval is delayed...

[DC Sparrow 0]

We found out this morning from USCIS my husband's I-485 Name Check is still showing as "Pending" in the INS system and our AOS Interview is in only two weeks (9/20) at USCIS Phila. Does anyone know if for whatever reason the I-485 is approved, pending the Name Check clearance, if we can request an EAD to be issued that same day-- in light of the Name Check completion delay? We did not apply for an EAD initially because we saw a trend that the AOS approvals were happening so close to EADs being issued, we felt an EAD was not necessary. Any insight is much appreciated. Thanks. - ClbnVk Edited September 7, 2007 by DC Sparrow

[Killer_Clown_2009 0]

You can ask, but they won't give you one .. sorry. You'll need to apply for an EAD and wait for it to be processed.

[John & Annie 1]

due to the extreme back log, you may want to consider e-filing.

Poor planning on your part will not be seen as a reason to rush on their part

[M+S 0]

We found out this morning from USCIS my husband's I-485 Name Check is still showing as "Pending" in the INS system and our AOS Interview is in only two weeks (9/20) at USCIS Phila. Does anyone know if for whatever reason the I-485 is approved, pending the Name Check clearance, if we can request an EAD to be issued that same day-- in light of the Name Check completion delay? We did not apply for an EAD initially because we saw a trend that the AOS approvals were happening so close to EADs being issued, we felt an EAD was not necessary. Any insight is much appreciated. Thanks. - ClbnVk

May I ask you how do you know about the name check if it's not cleared or not? what is INS system is it a website or something I can look at and see if mine is cleared or not???I just wanna know whom can I ask about the name check?

[DC Sparrow 0]

due to the extreme back log, you may want to consider e-filing.

Poor planning on your part will not be seen as a reason to rush on their part

Excuse me, but it was not poor planning on our part. It was a concious decision not to apply for EAD because the EADs are issued almost at same time as AOS Interview dates, so we took the gamble. Now, we may need to file but still uncertain until day of interview. Thank you for your kind response and support.

[DC Sparrow 0]

We found out this morning from USCIS my husband's I-485 Name Check is still showing as "Pending" in the INS system and our AOS Interview is in only two weeks (9/20) at USCIS Phila. Does anyone know if for whatever reason the I-485 is approved, pending the Name Check clearance, if we can request an EAD to be issued that same day-- in light of the Name Check completion delay? We did not apply for an EAD initially because we saw a trend that the AOS approvals were happening so close to EADs being issued, we felt an EAD was not necessary. Any insight is much appreciated. Thanks. - ClbnVk

May I ask you how do you know about the name check if it's not cleared or not? what is INS system is it a website or something I can look at and see if mine is cleared or not???I just wanna know whom can I ask about the name check?

Sure you may ask...we just called the USCIS 800-375-5283 and asked the Immigration Officer if he could please look up the status of our Name Check. He asked for the A number, date of birth, name, and Receipt Number (ex. MSC....), and then told us it was still in Pending status. He said it is up to the Adjudicator at the AOS interview is we are "Approved, pending Name Check clearance." We see that you had your AOS interview in August...how did it go? Did you ask for the I-551 stamp?

You can ask, but they won't give you one .. sorry. You'll need to apply for an EAD and wait for it to be processed.

Thanks for the reply.

Edited September 7, 2007 by DC Sparrow

[M+S 0]

well it was very good she didn't ask any question may be because we have a baby togther ..and then she said my name check is still pending and something else I don't understand is true if youare K3 waiting fir name clreance you can't leave the country?????? how if my visa is valid for 2 years!!! and it will expires in August 2008?

[Kez/JWolf 6]

Local offices are no longer able to issue interim EAD's they stopped issuing them back in Sept 2006... all you can do is file for EAD if you are still in Namecheck and wait for it to be processed....

I would not count on the information given by the 0800 number as they are not USCIS staff and have very limited access to your case.... Good luck with the interview...

Kez

[DC Sparrow 0]

well it was very good she didn't ask any question may be because we have a baby togther ..and then she said my name check is still pending and something else I don't understand is true if youare K3 waiting fir name clreance you can't leave the country?????? how if my visa is valid for 2 years!!! and it will expires in August 2008?

Hi

Thanks for kind reply. Your infomation is realy helpful. Well We are hoping that everything would be fine.

Thanks

Clbvk

[Empress of Groovy 373]

DC Sparrow, if you can, I suggest holding off on applying for your EAD until after your interview.

For one thing, your background check may not be completed now, but it may be completed by the time you go to your interview. The customer service people at the 800 number have access to very little information, often the exact same information you have on your NOAs and such. When you were told that your case is pending, did the person specify that the name check was not yet complete, or is that how you phrased the question? I'd be surprised if they could even tell you that. Perhaps your case is showing as pending because you haven't had your interview yet. We were told that our case was pending FBI background check while we were at the interview, and in fact, the officer couldn't tell us that it was the name check specifically; we just made that assumption based on what we've read on the FBI sites and such. I could be wrong, of course, I'm just surprised that someone at the 800 number would be able to tell you that your AOS application is pending name check clearance even before you've had the interview.

In any case, when you go to your interview, you can find out exactly what's happening from the adjudication officer. If it turns out that your FBI background check isn't complete and your AOS will be delayed, you can then apply for EAD. You would have only lost a couple of weeks, and if it turns out that your approval is not pending the background check, you will have saved $340. Imagine what a drag it would be if you sent off your EAD application next week, only to realize you don't need it.

Unfortunately, CIS will not issue an immediate or even expedited EAD because of background check delay; the responsibility is with the applicant to apply and pay for any interim benefits, even if the AOS is processed so quickly that they're not needed.

Good luck!

[chinohk 0]

due to the extreme back log, you may want to consider e-filing.

Poor planning on your part will not be seen as a reason to rush on their part

You are an idiot what kind of response is that. you don't even know their situation or what they were thinking, mind your own bussiness

[athena_ny 1]

due to the extreme back log, you may want to consider e-filing.

Poor planning on your part will not be seen as a reason to rush on their part

You are an idiot what kind of response is that. you don't even know their situation or what they were thinking, mind your own bussiness

From the OP's original post:

We did not apply for an EAD initially because we saw a trend that the AOS approvals were happening so close to EADs being issued, we felt an EAD was not necessary.

So it seems we DO know what they are thinking, and John & Annie were spot on. Who knew!

[Kez/JWolf 6]

due to the extreme back log, you may want to consider e-filing.

Poor planning on your part will not be seen as a reason to rush on their part

You are an idiot what kind of response is that. you don't even know their situation or what they were thinking, mind your own bussiness

If you choose to not apply for an interim benefit because you think that you are not going to need it.... then that is poor planning on your part.... Just because other have got their greencard within 3 months of filling does not mean that you will....

If you choose not to apply for EAD and then your AOS is delayed then all you can do is apply for the EAD at that time.... should you be given an expidited service... NO..... if you wanted to be sure you have the EAD within 3 months then you should have applied at the same time as your AOS...

Kez

[Killer_Clown_2009 0]

I agree with what AOS despair posted. When I called USCIS customer service, the service rep told me that she could only see exactly what I could when I logged into my case status online.

She didn't even know which service center my application was at, just that the online status indicated that the last action was a case transfer and pending at the new center. I would not trust what they told you about FBI checks, I just don't think that they would have that information available to them.

[Mags 112]

You are an idiot what kind of response is that. you don't even know their situation or what they were thinking, mind your own bussiness

May I take this opportunity to remind you that personal attacks are against the TOS.