90 days from what date?

[andyroo 0]

Hi all

Currently waiting for my EAD, and it should be here in the next 3 weeks.

Does the 90 days start on the Received Date (3/22/06), or the NOA Date (3/27/06)?

Im taking it as the NOA date to be safe. Will they issue me with an interim card i go for an infopass 91 days after received date?

Has anyone got an interim in this way?

Thanks

Andy

[luv2teach77 41]

Andy you are correct, The 90 dayc ount starts form the NOA date.

In theory your local office should happily issue you an interim EAD on day 91 but as many of us have found, theories are often flawed and sometimes different offices work from different guidelines (crazy but true !!).

I was denied an interim EAD because the St. Louis office didn't start their 90 count until the date that biometrics were completed. Although this is not how the USCIS's own website says that the interim EAD should be issued if a properly submitted EAD application has not been adjudicated within 90 days from the receipt date, the definition is open to interpretation and as a result sometimes offices don't deem an application properly submitted until biometrics have been completed.

Hopefully your EAD will be approved speedily and you won't be required to request an interim EAD.

Good luck

Mark

[andyroo 0]

Was unsure as a lot of VJ posts mention the Received Date.

Thanks Mark

Andy

[kc456 0]

Was unsure as a lot of VJ posts mention the Received Date.

Thanks Mark

Andy

Mark is not quite correct. NOA date is not when you start counting the 90 date. It's from the Receipt Date -- the instructions on form I-765 state:

Interim EAD: an EAD issued to an eligible applicant when USCIS has failed to adjudicate an application within 90 days of receipt of a properly filed EAD application or within 30 days of a properly filed initial EAD application based on an asylum application filed on or after January 4, 1995. The interim EAD will be granted for a period not to exceed 240 days and is subject to the conditions noted on the document.

If you do need to make an appointment for an interim EAD I suggest you print out this page from the instructions to have with you as a backup.

[Jenn! 918]

I agree. You can make your appointment for the 91st day after your "received" or "receipt" date, depending on which version of the NOA form you have.

[Hilarious Clinton 452]

Hi all

Currently waiting for my EAD, and it should be here in the next 3 weeks.

Does the 90 days start on the Received Date (3/22/06), or the NOA Date (3/27/06)?

Im taking it as the NOA date to be safe. Will they issue me with an interim card i go for an infopass 91 days after received date?

Has anyone got an interim in this way?

Thanks

Andy

from federal law...

" Interim employment authorization. The district director shall

adjudicate the application within 90 days from the date of receipt of

the application by the INS,"

8CFR274a.13

[Carol&Marc 0]

from federal law...

" Interim employment authorization. The district director shall

adjudicate the application within 90 days from the date of receipt of

the application by the INS,"

8CFR274a.13

Great!!!

Carol

Edited June 2, 2006 by Carol&Marc

[kc456 0]

Yep, for some reasom a lot of people think it's from the NOA date. The difference is not much (5 days or so) but if you're ready to start work, it matters!