USCIS delays in issuing EADs - Action Thread

[s_r_e_e]

USCIS memo dated Jun 12 2008 says

I filed my Form I-765 more than 90 days ago and I have not received a decision, who should I contact?
If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.

Mine expires OCT 3rd. Applied Jul 3rd, FP Jul 31st. No LUD , No News since
________
Wellbutrin Class Action

[walking_dude]

EADs include special security measures to prevent counterfeiting and forgery. Only certain centers have the machinery needed to produce these cards. Since EADs are used as REAL ID for travel and DL etc., USCIS decided to stop issuing Interim EADs at Field Offices.

So despite what USCIS memo says I am concerned that Interim EADs are unlikely to be issued (this point in the memo might be an oversight by the officer who issued it). AFAIK Field Offices can only make a request to expedite the case. I would like to know if anyone has got Interim EAD recently. If so let us know!

You can find your Senators/Congressmen here

Senate - http://www.senate.gov/general/contac...nators_cfm.cfm ( Choose your State in the dropdown)

Representative - http://www.house.gov/htbin/zipfind. Full ZIP Code + 4 may be needed to find the Rep. You can get your Zip Code + 4 here - http://zip4.usps.com/zip4/welcome.jsp

[indian111]

E-filed on May 22 ,
Fp done June 17,
LUD on 07/22
No updates so far .

My current EAD expires on sep 17 and I already received a letter from my employe abt the new EAD card submisison to continue employmnet .
Did anyone try writing to senators or congreesmen for EAD approval delay ??

[raghav235]

Hi,

I am also in the same boat and waiting for the approval as I have recently took a new job with EAD. Yesterday I called USCIS to check what the options are if I don't get my EAD in 90 days. The customer service representative told me to take an info appointment further to get the Interim EAD. I have explained him that local offices are not giving Interim EADs and surprisingly he told me the following thing.

"You can continue the work with I765 receipt notice provided your employer is OK to continue and told me to provide the receipt notice to the employer as a proof of your application is in pending. As I am surely aware of the fact that in order to continue the work we must have an approved physical EAD. I was totally surprised and asked him "Are you sure?? can we continue the work with the receipt??", he replied "Yes and only if your employer agrees for that!"

I have no clue???? What to do, friends please share your thoughts on this.

[gccovet]

Originally Posted by raghav235

Hi,

I am also in the same boat and waiting for the approval as I have recently took a new job with EAD. Yesterday I called USCIS to check what the options are if I don't get my EAD in 90 days. The customer service representative told me to take an info appointment further to get the Interim EAD. I have explained him that local offices are not giving Interim EADs and surprisingly he told me the following thing.

"You can continue the work with I765 receipt notice provided your employer is OK to continue and told me to provide the receipt notice to the employer as a proof of your application is in pending. As I am surely aware of the fact that in order to continue the work we must have an approved physical EAD. I was totally surprised and asked him "Are you sure?? can we continue the work with the receipt??", he replied "Yes and only if your employer agrees for that!"

I have no clue???? What to do, friends please share your thoughts on this.

Hope you noted the officers's ID number. if not, call again and see if you can get similar reply with some other officer. If you get the reply, try to get it in writing and also get the officers ID number, note the date and time.
GCCovet

[lalithkx]

Originally Posted by lalithkx

My Above mentioned EAD is approved today. I got the Card ordered mail from CRIS today at 7 pm...

My Wife's EAD e-filed same date as mine on May 28th is approved today. I got a Card Production ordered mail just now. MIne was approved yesterday.
There was just 12 numbers difference in Receipt nos.

Looks like they picked up speed as they reach the 90 day mark....

[inthehole]

Used AC21 to change employer. I am currently working on EAD.

E-Filed - June 15,2008 (for both me and my wife)
FP - July 12,2008
July 23 - My wife's EAD approved
July 30 - RFE for photos(?)
August 4 - received RFE letter
August 6 - responded RFE (sent photos)
August 7 - uscis received RFE(case resumed)

my current EAD expires Sep 26,2008
For the past 2 days trying book get infopass. I am getting a message saying "No appointment is available, Please try again later".

[rajuseattle]

Guys,

It looks like whosoever used the convenient e-file method for EAD renewal application got scrwed by USCIS.

It is ridiculous to receive the FP appointments after 1 month of filing and then for the same thing USCIS issuing RFE suggesting they did not receive RFEs.

IV core can we address these online EAD renewal issues to our USCIS contacts?

I mean people are using EAD for their jobs, their is no interim EAD and USCIS is not following the law for issuing the EAD within 90 days of the receipt date.

Here are my details:

PD: EB-3 I June 2003.

EAD renewal e-file: July 02nd 2008
Support docs: sent on july 02 nd 2008, received by USCIS on 07/08/2008
Paper receipts: received on July 11th 2008
FP notice: August 08th 2008
RFE for FP: August 08th 2008
FP schedule: Aug 22nd 2008..Planning to visit USCIS local office for the FP apointment.
approval:???????????

[walking_dude]

There is nothing in the USCIS memos to suggest that USCIS has implemented any such policy. CR you talked to may be ignorant and giving wrong info. Or it may be deliberate to reduce the number of (repeat) calls.

I would suggest recording the conversation with CRs so that we have proof of this conversation. Don't forget to ask his/her name and id number while doing this.

Originally Posted by raghav235

Hi,

The customer service representative told me to take an info appointment further to get the Interim EAD. I have explained him that local offices are not giving Interim EADs and surprisingly he told me the following thing.

"You can continue the work with I765 receipt notice provided your employer is OK to continue and told me to provide the receipt notice to the employer as a proof of your application is in pending. As I am surely aware of the fact that in order to continue the work we must have an approved physical EAD. I was totally surprised and asked him "Are you sure?? can we continue the work with the receipt??", he replied "Yes and only if your employer agrees for that!"

I have no clue???? What to do, friends please share your thoughts on this.

[walking_dude]

I have added a poll to the thread to make it easier to determine how many IV members are impacted and are ready to participate in a campaign to fix the issue.

[akhilmahajan]

Thanks for adding the poll.

GO IV GO.

[sandeep_1]

My EAD-renewal is also delayed and had an Infopass appointment in local USCIS office today. During the meeting, I specifically asked, in the event if EAD renewal is not approved before the expiration of current one, can I still continue to work? The answer was - "You can continue to work as long as your employer agrees to it". hmmm. Then I asked, would it jeopardise my status or 485 process in any shape or form. The answer was - "No (it will not effect my status)". Although, he did mentioned that interim EAD is not allowed anymore. He even said that, they actually took the machine and equipments required to produce EAD card for local office.

[rashu_gulati]

what are the options when infopass didn't work too. My company is big so they won't allow me to work without ead.
Can someone pls suggest

[lazycis]

The USCIS is required by regulations to issue a temporary EAD if they cannot process extension in 90 days. They, however, do not issue temporary EAD anymore in violation of the regulations. So if more than 90 days passed and you are still waiting, take an infopass and request IO to call service center where EAD is pending and request to follow procedures outlined in the USCIS memo
http://www.uscis.gov/files/pressrele...8B_081806R.pdf
(print the memo and take with you). Do not leave until they do that, request to talk to supervisor if IO refuses.

Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks:
• CLAIMS Verification
o Underlying application remains pending
o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement
o Form I-765 remains unadjudicated
o Biometrics have been captured—if not, refer to ASC
• Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim
• Provide Notice to applicant acknowledging status inquiry.

Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k) (i.e. your GC is not affected). Employer may be sanctioned, however. Employer may ask you to take an unpaid leave also.

[lazycis]

In most critical situations a person can file a lawsuit in federal court and ask court to 1) compel USCIS to process your EAD within 1-2 days and 2) enjoin DHS from going after the employer if person continues working with expired EAD. Part 2 is available only if employer wants to participate in a lawsuit. Otherwise, file it yourself, it requires the same amount of time as filing for EAD.