interim EAD rumors

[Jenn! 918]

ughhh ohh....

I have to check mine again when I get home. I don't remember that phrase being on there.

About my attorney, someone mentioned that I should not get an RFE. What should I do? I have already paid him. I feel like firing him at this point might cause more trouble.

I wouldn't jump to conclusions. It depends on what your RFE is for. USCIS has certainly been known to lose documents, so you shouldn't assume your lawyer made a mistake.

[larissab 0]

I also don't remember that clause about the interim EAD being on my letter. I have to check again when I get home.

Soooo frustrating!

I think I may need to pay a therapist too after this ordeal.

[Hilarious Clinton 452]

I don't have my RFE with me to cite the relevant sections, but it is clearly stated on the RFE that you can not apply for an interim EAD until 90 days after they receive your RFE response.

find it and scan it please.

You'll have to wait until Monday. It's at home and I'm at work.

I swear to you it's there, but I know you need proof!

well i have my RFE (I-485) in front of me but alas no scanner. but for those of you who believe without seeing it states,

"You are ineligble for interim employment authorisation pursuant to Title 8, Code of Federal Regulatuons, Section 103.2 (B) (10) (ii) until ninety (90) days after the initial evidence is received."

cool. thanks!!!! here it is......

"(ii) Effect on interim benefits. Interim benefits will not be

granted based on an application or petition held in suspense for the

submission of requested initial evidence, except that the applicant or

beneficiary will normally be allowed to remain while an application or

petition to extend or obtain status while in the United States is

pending. The Service may choose to pursue other actions to seek removal

of a person notwithstanding the pending application. Employment

authorization previously accorded based on the same status and

employment as that requested in the current application or petition may

continue uninterrupted as provided in 8 CFR 274a.12(B)(20) during the

suspense period."

[Jenn! 918]

I don't have my RFE with me to cite the relevant sections, but it is clearly stated on the RFE that you can not apply for an interim EAD until 90 days after they receive your RFE response.

find it and scan it please.

You'll have to wait until Monday. It's at home and I'm at work.

I swear to you it's there, but I know you need proof!

well i have my RFE (I-485) in front of me but alas no scanner. but for those of you who believe without seeing it states,

"You are ineligble for interim employment authorisation pursuant to Title 8, Code of Federal Regulatuons, Section 103.2 (B) (10) (ii) until ninety (90) days after the initial evidence is received."

cool. thanks!!!! here it is......

"(ii) Effect on interim benefits. Interim benefits will not be

granted based on an application or petition held in suspense for the

submission of requested initial evidence, except that the applicant or

beneficiary will normally be allowed to remain while an application or

petition to extend or obtain status while in the United States is

pending. The Service may choose to pursue other actions to seek removal

of a person notwithstanding the pending application. Employment

authorization previously accorded based on the same status and

employment as that requested in the current application or petition may

continue uninterrupted as provided in 8 CFR 274a.12(B)(20) during the

suspense period."

OK, now I'm officially confused.

Do you think my husband will be able to apply for an interim EAD 90 days after the date on the NOA1, despite the statement on the RFE then?

I'm not seeing how the wording of the law supports the actual statement on the RFE.

Edited April 14, 2006 by jenn3539

[larissab 0]

I wish I could go home and look at that little piece of paper right now!

I just don't remember there being any clause about the EAD. Alas, that may be just wishful thinking though.