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

[Killer_Clown_2009 0]

Giving lectures in a thread where someone asks a simple question should also be against the TOS.

[Mags 112]

Giving lectures in a thread where someone asks a simple question should also be against the TOS.

Nope, sorry.

[casscm 0]

Giving lectures in a thread where someone asks a simple question should also be against the TOS.

I have to agree calling people idiots and poor planners is so childish, We are not here to put people down we are hear to share experinces and help each other out when we have a question. Just rember we were all first timers when we started this !!

[Kez/JWolf 6]

Yes we were all first timers once...... but if you are applying for AOS then you know that if you want to work before you are approved for a greencard then you need to apply for the EAD.... if you choose to not apply because you think you will get approved for your greencard quicker than the EAD and then dont, why would you expect an application to be given prioriy just because you chose not to apply at the same time as you applied for AOS, there is no set time for the processing of AOS it can take anything from a few weeks to a few years.... most people look on the application for EAD and AP as an insurance, if they need it then they have it, if the get approved quick then they dont need it but they could have....

As has been said already the 0800 number is not the best place to get information from... they are not immigration officers and have very limited access to any information about your case.... they can basicaly see the same info that you can see on the USCIS website when you log-in with your reciept number...

I would not file for the EAD at this stage, I would wait until I had been interviewed and found out if I was going to be approved or not....

I agree that calling people idiot is not a good thing to do.... and saying that it is none of the business is just silly as this is a public forum and if you post on it then you make it other peoples business... but at the end of the day if you choose not to apply for a benefit you then cant expect USCIS to expidite a late application because you felt you did not need to apply at the same time as your AOS...

I hope that the OP has a good interview and finds that their name checks are all complete and gets approval... the main reason we post this info about late EAD's is not to have a go at you but in the hope that other who may be thinking about not applying at the same time as AOS will think again.... after reading the information given here....

Good Luck for the interview

Kez

[DC Sparrow 0]

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!

AOSDespair,

Thank you for the meaningful, informational response. We agree with not applying for EAD before completing the interview and that will be our course of action. Btw, we asked the 800 number Customer Service Rep to transfer us to a Sr. Immigration Information Officer (which anyone can request). This man is the person who had the access to go more deeply into the USCIS system to see that our FBI background check was still pending. Typically the CSRs don't have more information than what is available on the USCIS online status check, but if you request a more senior person, they can give more detailed information because their computer access level is different. FBI, however, cannot give any status on name check status at all. FBI can only confirm fingerprints were sent back to INS.

Much appreciation,

DCSparrow

[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

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!

Everyone,

Please...there's no need for disagreement. We appreciate all responses and we know everyone is trying to impart helpful information. While we appreciate people coming to our "defense" there's really no need to create a state of "us and them." Everyone has good intentions.

Thanks,

DC Sparrow and Vk

Edited September 10, 2007 by DC Sparrow

[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

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

Kez,

It's true. Hindsight is 20-20. Thans for the reply.

DC Sparrow

[DC Sparrow 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.

jane2005,

Thanks, yes I understand what you mean. We are going to wait until the results of the interview and go from there. Thanks for your response.

DC Sparrow

[DC Sparrow 0]

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.

Mags,

I think chinohk was just trying to defend what he thought was a strong statement from John and Annie to us. But we appreciate all input. It's not an issue for us. Thanks for your kind reply.

DC Sparrow

[DC Sparrow 0]

Giving lectures in a thread where someone asks a simple question should also be against the TOS.

I have to agree calling people idiots and poor planners is so childish, We are not here to put people down we are hear to share experinces and help each other out when we have a question. Just rember we were all first timers when we started this !!

casscm,

We appreciate the reply, but in using this type of forum, we know it's important to be able to 'see past' some things and focus on the informational part. That's what we try to do, so it's not a problem. Thanks for your reply.

DC Sparrow & Vinod

[DC Sparrow 0]

Yes we were all first timers once...... but if you are applying for AOS then you know that if you want to work before you are approved for a greencard then you need to apply for the EAD.... if you choose to not apply because you think you will get approved for your greencard quicker than the EAD and then dont, why would you expect an application to be given prioriy just because you chose not to apply at the same time as you applied for AOS, there is no set time for the processing of AOS it can take anything from a few weeks to a few years.... most people look on the application for EAD and AP as an insurance, if they need it then they have it, if the get approved quick then they dont need it but they could have....

As has been said already the 0800 number is not the best place to get information from... they are not immigration officers and have very limited access to any information about your case.... they can basicaly see the same info that you can see on the USCIS website when you log-in with your reciept number...

I would not file for the EAD at this stage, I would wait until I had been interviewed and found out if I was going to be approved or not....

I agree that calling people idiot is not a good thing to do.... and saying that it is none of the business is just silly as this is a public forum and if you post on it then you make it other peoples business... but at the end of the day if you choose not to apply for a benefit you then cant expect USCIS to expidite a late application because you felt you did not need to apply at the same time as your AOS...

I hope that the OP has a good interview and finds that their name checks are all complete and gets approval... the main reason we post this info about late EAD's is not to have a go at you but in the hope that other who may be thinking about not applying at the same time as AOS will think again.... after reading the information given here....

Good Luck for the interview

Kez

Well said, Kez. We left out one small detail, as I wrote above today, there was a limit of funds for us at the time we filed the AOS, so we took a calculated chance and fully realize that. We are not looking for any special treatment or expediting at the AOS interview for EAD, we just wanted to ask if it is possible. Thanks for your replies.

DC Sparrow & Vinod

[DC Sparrow 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.

jane2005,

Thanks, that seems to be the concensus. If needed, we will apply after the AOS interview (unfortunately at the new higher fee, I'm afraid... :-(

Thanks,

DC Sparrow

[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

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.

I am sorry if I offended you, but that would be the response of USCIS if you asked for preferential treatment and wanted expedited EAD.

[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.

I am sorry if I offended you, but that would be the response of USCIS if you asked for preferential treatment and wanted expedited EAD.

No offense taken. No problem. We are not people who expect special treatment, but we are people who try to know our options so we can ask, if needed. No problem, John & Annie. Thanks.

DC Sparrow

[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

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

Thank you for kindly pointing out my oversight, I see you have already been talked to about your violation of the TOS so I will not bring that up. But i would like to suggest to you to not rush to judge some one's intellect prior to understanding someone's journey through the immigration process. We are all learning, immigration law is a very complicated system of laws.

Now if you really read my response, you will see that i first offered a suggestion to help.

Perhaps I should have explained my second part better, you would not believe that amount of people going through this process that feel entitled expedited service.

The OP took a chance on not filing for EAD and lost out. Obviously there has been some clarification on the OP's intent throughout the post.

I understand, we filed for AOS 18 months after AOS, and we had to wait 76 days for it to be issued. It should have took 90, we are thankful for that 14 days.