Interim EAD before 90 days is up

[leroy1999 0]

Hi

I have been offered employment, which I really need to accept due to financial constraints. The issue is that I applied for AOS (based on marriage) and I my EAD application is on day 64.

I am going to immigration tomorrow to plead with them to give me an interim EAD. Whilst I recongise I am still within the 90 days what do you think my chances are of recieving a card ?

Has anyone else been successful ? I have heard that you can recieve expedition based on financial harm. Not accepting this employment will not just damage me but also my US Citizen wife.

[Kez/JWolf 6]

Sorry to hear you are having financial problems.... I dont hold out much hope of you getting the interim EAD before your 90 days are up....

I have never known anyone get one... most people are told to come back after the 91st day if they have not heard anything....

Good luck and let us know what happens....

Kezzie

[Jenn! 918]

I have heard that you can recieve expedition based on financial harm. Not accepting this employment will not just damage me but also my US Citizen wife.

I think we're all in that boat.

I've never heard of it happening either.

[zyggy 9]

Sorry to hear you are having financial problems.... I dont hold out much hope of you getting the interim EAD before your 90 days are up....

I have never known anyone get one... most people are told to come back after the 91st day if they have not heard anything....

Good luck and let us know what happens....

Kezzie

You can forget it... they won't do anything until the 91st day... As they say, poor planning on your part does not make an emergency on my part...

[leroy1999 0]

understand your points.

bUT USCIS post this http://uscis.gov/graphics/fieldoffices/nbc...tiousprocessing

How can applicants request expeditious processing of a case filed with the NBC?

Customers or their representatives requesting expedited processing should first contact their local Field Office. The Field Office will then channel meritorious requests through the established points of contact at the NBC for further action.

Initally it talks about AP but then I also notice this :

http://uscis.gov/graphics/fieldoffices/expedited.htm

The criteria are as follows:

Severe financial loss to company or individual.

Extreme emergent situation.

Humanitarian situation.

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States.

Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government.)

USCIS error.

Compelling interest of USCIS.

Note the first point.

I am not holding out much luck but it's worth a shout.

Poor planning ...

What are you meant to do - Marry the day you arrive in the US ?

Because that is the only way you could not have overlap !!

[zyggy 9]

understand your points.

bUT USCIS post this http://uscis.gov/graphics/fieldoffices/nbc...tiousprocessing

How can applicants request expeditious processing of a case filed with the NBC?

Customers or their representatives requesting expedited processing should first contact their local Field Office. The Field Office will then channel meritorious requests through the established points of contact at the NBC for further action.

Initally it talks about AP but then I also notice this :

http://uscis.gov/graphics/fieldoffices/expedited.htm

The criteria are as follows:

Severe financial loss to company or individual.

Extreme emergent situation.

Humanitarian situation.

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States.

Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government.)

USCIS error.

Compelling interest of USCIS.

Note the first point.

I am not holding out much luck but it's worth a shout.

Poor planning ...

What are you meant to do - Marry the day you arrive in the US ?

Because that is the only way you could not have overlap !!

No .. it means having the proper expectation that you will not be able to work until you get an EAD and making preparations for having only one breadwinner for a period of 5 to 6 months..

[Kez/JWolf 6]

yep get married as soon as you step off the flight... collect your marriage certificate as you leave the airport.... file your AOS papers on the way home.... and then your EAD will be approved before the 90 days... BUT as you will not have had your biometrics done you will still have to wait until the 91st day....

We have all had to endure the long wait to work some longer than others....

Kezzie

Edited April 11, 2006 by Kezzie

[luv2teach77 41]

Leroy,

The affidavit of support that your Fiancee signed will rule you out of being able to use the "Severe financial loss to company or individual" card in your pleadings with the USCIS. If you Fiancee is unable to support you until your EAD is approved then perhaps that is more of an oversight in your own immigration planning than a problem with the timing within the immigration system.

In addition some people (like myself) waited the full 90 days before asking for an interim EAD and our local office STILL said no to the interim EAD. I beleive that your chances of getting an interim EAD after 65 days lies somewhere between slim and none.

If you ask me the temp EAD issued at JFK complicates things for most of the recipients of it. The vast majority of K-1 visa holders are not able to enter via JFK and while it might be a pain not being able to work for a few months, I'd take that over the hassles associated with finding a job only have to leave it when the temp EAD runs out. I don't think I've ever read of someone who managed to get their EAD issued before the temp one ran out.

Good luck at your infopass appointment but I wouldn't hold out too much hope.

Mark

[leroy1999 0]

well I will keep you posted. I have posted this link below

http://www.usvisanews.com/i9-compliance.shtml

"If an employee is unable to provide a required document within three business days of her or his hiring, the employee may present a receipt for the application for a replacement document within three business days of her or his hiring, but must present the required document within 90 days of her or his hiring. This rule does not apply when an employer reverifies employment authorization for current employees."

I point to the Immigration Officer is going to be since I was issued a temp Employment Authorization at JFK can I be classified within the 90 day rule.

I have only seen posts from I couple of people saying that a K1 is not classified within that rule - but never someone post saying they have asked an Immigration Officer.

[Kez/JWolf 6]

They are 2 seperate applications so the 90 day rule does not apply...

Temp EAD from JFK is based on K1 visa.....

1 Year EAD based on AOS...

so you cant use that one either..

Kezzie

[Jenn! 918]

well I will keep you posted. I have posted this link below

http://www.usvisanews.com/i9-compliance.shtml

"If an employee is unable to provide a required document within three business days of her or his hiring, the employee may present a receipt for the application for a replacement document within three business days of her or his hiring, but must present the required document within 90 days of her or his hiring. This rule does not apply when an employer reverifies employment authorization for current employees."

I point to the Immigration Officer is going to be since I was issued a temp Employment Authorization at JFK can I be classified within the 90 day rule.

I have only seen posts from I couple of people saying that a K1 is not classified within that rule - but never someone post saying they have asked an Immigration Officer.

Actually that was settled a while back by someone who I believe *did* clarify with USCIS. That rule only applies to renewal EADs. Going from temp EAD to actual EAD is not classified as a renewal.

[luv2teach77 41]

"If an employee is unable to provide a required document within three business days of her or his hiring, the employee may present a receipt for the application for a replacement document within three business days of her or his hiring, but must present the required document within 90 days of her or his hiring. This rule does not apply when an employer reverifies employment authorization for current employees."

As covered by Jenn,

This rule would only apply if you had been issued your 1 year EAD and that it had expired before you received your green card. At this point an employer could hire you if you were able to show that you had applied for a SECOND EAD. Applying for your FIRST EAD after having a temp EAD from JFK does not qualify you to use this rule.

Sorry Leroy... I think your best bet is to prepare yourslelf for another 25 days of unemployment !!

Mark

[leroy1999 0]

Thanks guys.

I will repost tomorrow and let you know how it went. my Field Office accepts walk ins so no need for Info pass.

[Jenn! 918]

Yup, good luck in any case.

[pax 0]

If this actually works, let us know how you did it. I'm with the rest of the naysayers on this one for now, but I'd be interested to see how it works out (or not).