pitani

I was given the wrong information by the INS national service center. I called several times about this and they told me that you must have your I-130 approval before filing for adjustment of status or your application will be returned. Had I known about this, my hubby could have gotten his EAD within 30 days because we could've filed both the EAD and AOS at the St. Louis office. By listening to and following the directions of the INS, we have lost valuable time. We might as wait until the I-130 is approved now. The website says between 250-280 days and we will be at the 250 mark on 22nd of this month. I am concerned because the Nebraska service center has been processing applications received 5/21/03 for the last 2 months. The date has not changed. I am wondering if they are going to bump up the processing days AGAIN!!! My timelines are below.

lucymoody

I know - it just plain sucks. I have been SO misinformed SO many times by SO many different people. Ironically, I have received the most accurate information by calling the officers at the POE through which I usually go (easy to do because I'm in Canada).
Grrr.
I have a feeling, though, that NSC is going to be upping our estimate of 250-280 days. I would be shocked if it came through in that time. Maybe you should consider doing the AOS - especially since you'll have to do it anyway at some point.

cindyabs

Here is info for you and interesting info on other EAD processing offices:
As reprinted from an AILA lawyer website:
April 8, 2003
BCIS Field Office Handling of Interim EADs - A Survey of Interim EAD Practices

The Service Centers generally are taking more than 90 days to issue the work authorization card. Most districts are cooperative with issuing interim Employment Authorization Documents as long as the I-765 application has not been approved. However, if the I-765 application has been approved, but the EAD not produced, some district offices (for example, Los Angeles) will not issue the interim authorization.

ARLINGTON, VA
The applicant must go to the office on a Wednesday after 2 pm, then get a notice on the spot to come back about two - three weeks later for the EAD.

ATLANTA, GA
Issuing EADs on the 91st day.

BALTIMORE, MD
An applicant can go to the office any day after the 90th day with proof of filing, but must wait until the BCIS notice in the mail to go back on the day of your appointment, which will be about two - three weeks later.

BLOOMINGTON, MN
Interim EADs are issued on day 91 unless it is a one-step family petition or based on an application in removal, then it is same day issuance.

BOSTON, MA
Will do same-day EAD issuance on the 91st day with the receipt from the Service Center (unless your client happens to run into an officer who's never heard of such a thing; then he should ask for a supervisor).

CHARLOTTE, NC
This office will issue EADs for I-765s pending over 90 days. Issuance should be the same day you appear at the office. They will not issue advance parole documents, however, without the A file.

CHICAGO, IL
The Chicago District Office will issue an interim EAD on the 91st day with an I-765 receipt notice. Interim EADs used to be issued for twelve months, but the Chicago office is now only issuing them for three months.

DALLAS, TX
After 90 days, you can go to district office for an EAD. However, in some instances, that office has indicated that it must have the file in order to issue an EAD

DENVER, CO
Employment-based EADs are issued if the application has been pending at the Service Center for more than 90 days.

EL PASO, TX
After 90 days, you can go to district office for an EAD. However, in some instances, that office has indicated that it must have the file in order to issue an EAD.

HARTFORD, CT
This office continues to issue EADs on Service Center cases that are over 90 days old as long as there is not a hold on the file (for I-140 processing). The procedure is to appear in person in Hartford, CT with the original receipt notice for the I-765. The individual is given an appointment to come back to pick up the EAD, usually within one week.

HONOLULU, HI
Issues EADs on the 91st day.

HOUSTON, TX
After 90 days, you can go to district office for an EAD.

INDIANAPOLIS, IN
Indianapolis just changed their policy without a grace period to no longer permit EAD and AP processing for employment-based adjustments. They will handle EADs on the 91st day on a same day basis, however.

LOS ANGELES, CA
Interim EADs issued on the 91st day from the I-765 receipt date at the Service Center.

MIAMI, FL
EADs are being issued on the 91st day regardless of place of filing (TSC or District). It is requisite in Miami to get there early: some persons who have arrived after 7 am have been denied processing that day. This has been more of a problem since Special Registration began, but nonethless EADs generally are processed after the 90th day.

NEWARK & CHERRY HILL, NJ
Will issue an EAD in accordance with Sec. 274a.13(d). Sometimes, applicants showing up after 90 days are sometimes turned away. This is usually due to sporadic staffing shortages or workload spikes and appears to occur more frequently in Cherry Hill. Though appointments may then be given for wildly varying additional waiting periods, applicants who appear on their own once again in the meantime usually find success.

NEW YORK, NY
In theory, New York permits "walk-ins" after 90 days (provided that the applicant can show proof of filing). owever, New York restricts the number of "walk-in" applicants that it serves on a daily basis. [In addition to
Vermont Service Center EAD filings going beyond the 90th day, New York's own EAD calendar (for I-485's filings with the District) is at the 120+ day mark.] Applicants line up at New York's federal building in the early a.m. hours---hoping to be one of the few "walk-ins" served that morning. However, there is no orderly process to issue EADs to "walk-ins" in New York. Most applicants are, in fact, shut out, and not issued an EAD. Even many applicants who wait all night long have been shut out of this process. New York claims they cannot be in compliance with the regulation on account of staffing issues, diversion of staff resources to NSEERS, and building code (fire marshal) issues.

OMAHA, NE
Will issue an EAD the same day with the receipt showing that the I-765 has been pending 91 days or more.

PHOENIX, AZ
Take receipt notice and duplicate I-765 to BCIS at 2035 North Central. State individual is there to get EAD appointment, first available. Obtain from Info Officer (inside, window one) an appointment notice for issuance of EAD. Might be same day, depends. It will be an interim 180 day permit.

PORTLAND, OR
Will also EADs the same day after 90 days with receipt notice.

SALT LAKE CITY, UT
Employment-based EADs are issued if the application has been pending at the Service Center for more than 90 days, but if an RFE has been issued on the I-765 from the service center, the 90 days start again.

SAN ANTONIO, TX
After 90 days, you can go to district office for an EAD. However, in some instances, that office has indicated that it must have the file in order to issue an EAD

SAN DIEGO, CA
Interim EADS are being issued at the San Diego District Office and the Chula Vista Customer Service Center on the 91st day. Same day processing is available. Please note that the downtown San Diego District Office only issues EADs on Wednesdays. EADs are issued Mondays, Tuesdays, Thursdays and
Fridays at the Chula Vista office.

SAN FRANCISCO, CA
Interim EADs are being issued at San Francisco BCIS District Office on the 91st day. Same day processing

SAN JOSE, CA
San Jose BCIS/INS will issue interim EADs on the 91st day from the I-765 receipt date from the Service Center.

SEATTLE, WA
Usually gives EADS on the 91st day, but depending on work load may require person to come back at future date.

ST. LOUIS, MO
This office is not issuing EADs on any Service Center case regardless of length of time.

TAMPA, FL
Will process EB-EADs pending at TSC for more than 90 days, but, since it is now by an appointment system, and it is taking one month to get an appointment, it still is taking a long time

WEST PALM BEACH, FL
EADs are being issued on the 91st day.

-Courtesy AILA

bba1vol

what about Nashville and Memphis offices
my husband went to Nashville for his ead card
on April 2nd

xiomi

Claudia - Oscar filled out an affidavit in order to excuse the abcense of a social security card. Everything went smoothly. In Texas, you do no need an SS# to get a DL. Hope this helps.

Xiomi

claudia13839

FINALLY !!!! Yes I am so happy, my husband received his I-797 (1st NOA) for the EAD application today. I was getting really worried! We called the number indicated on the I-797 and he has the Biometrics appointment tomorrow!!!

I'll post the experiece tomorrow, good luck to everyone.

~Claudia

Ayisha

Hi! We filed my husband's EAD and AOS on Feb. 26th, thinking that we didn't have to wait for approval. However, Detroit sent his EAD to Chicago and we wasted 6 weeks. I read the Federal Register (following the links in this thread) and it DOES say we have to wait for approval.

i) Adjustment of status from K-3/K-4 status. An alien admitted to the United States as a K-3 under section 101(a)(15)(K)(ii) of the Act may apply for adjustment of status to that of a permanent resident pursuant to section 245 of the Act at any time following the approval of the Form I-130 petition filed on the alien's behalf, by the same citizen who petitioned for the alien's K-3 status.

We're VERY bummed.

Ayisha

lairdside

It doesn't actually say that you have to wait for approval.

It says that you can AOS at anytime following approval - it doesn't specifically state that you can't apply before this. There's a difference IMHO.

The quote is part of an amendment to INA 245.
The same federal register posting earlier on does specifically state that K-3/K-4 holders can file I-145 after FILING I-130 - not approval.

lucymoody

Argh!!!
I'm so frustrated by everything so far! I feel fairly anxous about getting this @%#* EAD because I have a job starting for the last week of June and desperately need to be able to work!
The attorney I had mentioned earlier just wrote back to me (I had sent him a copy of the Official Federal Register that lairdslide had posted) and he e-mailed me the newer version mentioned above.
Anyway.
Does anyone know about the 90 day rule? Does this apply if your EAD has been approved within 90 days, but it is the 91st day and you still haven't received the actual card?

lairdside

Do you have the details of the FRP that the attorney sent so that I could look it up ? The "newer posting" isn't - it's a part of the same posting that details the amendments to the INA. I know that they change these darned things all the time. I'd be interested to read anything new

lairdside

I believe it's 90 days from the date on your receipt - which is not *necessarily* the day you applied. I'm sorry I have no idea as to whether you can get an interim EAD after approval but before receipt of the card - I'd imagine not but if anyone knows different it would be very welcome !

lairdside

(i) Adjustment of status from K-3/K-4 status. An alien admitted to
the United States as a K-3 under section 101(a)(15)(K)(ii) of the Act
may apply for adjustment of status to that of a permanent resident
pursuant to section 245 of the Act at any time following the approval
of the Form I-130 petition filed on the alien's behalf, by the same
citizen who petitioned for the alien's K-3 status. An alien admitted to
the United States as a K-4 under section 101(a)(15)(K)(iii) of the Act
may apply for adjustment of status to that of permanent residence
pursuant to section 245 of the Act at any time following the approval
of the Form I-130 petition filed on the alien's behalf, by the same
citizen who petitioned for the alien's parent's K-3 status. Upon
approval of the application, the director shall record his or her
lawful admission for permanent residence in accordance with that
section and subject to the conditions prescribed in section 216 of the
Act. An alien admitted to the U.S. as a K-3/K-4 alien may not adjust to
that of permanent resident status in any way other than as a spouse or
child of the U.S. citizen who originally filed the petition for that
alien's K-3/K-4 status.

Ok - that's the full paragraph quoted previously.
The requirements for extending a K-3/K-4 visa would *appear* to indicate that the I-130 would have to approved before an I-485 could be filed. As having an I-130 which is still being processed is a ground accepted for extension of a K-3/K-4 visa.
However, it seems to get worse. Please note the following :-

An alien admitted to
the United States as a K-4 under section 101(a)(15)(K)(iii) of the Act
may apply for adjustment of status to that of permanent residence
pursuant to section 245 of the Act at any time following the approval
of the Form I-130 petition filed on the alien's behalf, by the same
citizen who petitioned for the alien's parent's K-3 status

It doesn't specify that this only applies to K-4 visa applicants with an underlying I-130 petition at the time of entry to the US. As K-4 receipients do not have to have their visa based on an I-130 as they are a derivative of the K-3 they would surely having legally entered the US be able to concurrently file I-130/I-485 at the local office ( if they did not have an I-130 previously filed for them) ?

I'll keep looking.. so far it's all becoming more instead of less ambiguous....

lairdside

And I still am unsure as to how the previously quoted paragraph ( from the same FRP) equates with the following :-

IV. Adjusting Status From K-3/K-4 to Permanent Resident
As previously stated, the Service expects most K-3/K-4 aliens to
quickly file for adjustment of status following admission to the United States. Those admitted as K-3/K-4 aliens do not have to wait for a visa number to become current and may apply for adjustment at any time following the filing of the Form I-130 petition (or both may be filed concurrently for the K-4). This section therefore explains some of the issues relating to adjustment from K-3/K-4 status to permanent resident status.

I'm officially confused.....one says K-4's have to wait for I-130 approval to file I-485 (if you take the interpretation that saying that they can file after approval precludes filing before approval). The other says they can concurrently file, at which time an I-130 obviously has not been approved. The same with K-3's, one says you can file I-485 at anytime after filing I-130, the other says you can file any time after approval (again the if the same interpretation applies there appears to be a conflict).

All of these paragraphs are from the same FRP as far as I am aware. Anyone got the final rule? Has it been issued yet ? August 2001 was a while ago afterall but I haven't ben able to find anything more recent as yet.

cindyabs

This may serve to further confuse you, but Mr F, one of our esteemed professionals here, mentioned in a thread a little while back that there was nothing to stop you for filing for a "new" 130, CONCURRENTLY with AOS. I'm guessing he meant at the local level. Believe me with TSC now taking up to almost 3 years to process 130s this is something I have more than a passing interest in.......

claudia13839

Just to keep everyone updated...

My husband and I just got back from the BCIS ASC (Application Support Center), he got his picture and print taken. We were in and out in just about half an hour !!!

The I-797 we received from MSC for the EAD application was stamped on the back with today's date.

I guess all that is left to do is wait for the darn card! How long have others waited after fingerprinting? Good luck everyone.

~Claudia