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90 days processing time frame for a interm EAD

90 days processing time frame for a interm EAD

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Old May 15th 2004, 5:46 am
  #1  
Jun
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Default 90 days processing time frame for a interm EAD

I am still confusing....

Can someone make clear that the 90 days for a interim EAD is from the receipt date or the notice date?

There are two opinions for the time frame for a interim EAD :
1)90days from the receipt date on NOA
2)90days from the notice date on NOA

Which one is correct?
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Old May 15th 2004, 5:56 am
  #2  
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Default Re: 90 days processing time frame for a interm EAD

hi,jun...

NOTICE DATE is the right answer.... 10 points...lol

gabriel

Chapter 1:
1 NOA TSC 06/06
2 NOA TSC 10/31
NVC LETTER - arrived 11/07 - dated 11/03
ARRIVED AT BUCHAREST, US EMBASSY IN ROMANIA - 11/10
EMBASSY SEND PACKAGE 3 -11/17
PACKAGE 3 RECEIVED AND SEND BACK ON 11/19
EMBASSY RECEIVED PACKAGE 3 - 11/24
MEDICAL EXAM - 12/17
VISA INTERVIEW - 12/18
K1 VISA ISSUED - 12/18

Chapter 2 :
USA ARRIVAL - 01/21 (POE HOUSTON)- I94 handwriten-Employment authorized
APPLIED for SSN - 01/26 - not in the system yet
WEDDING DAY - 02/14
RECEIVED SSN CARD - 02/21
SEND AOS & EAD forms to HOUSTON OFFICE - 03/08
RECEIVED MSC NOA for AOS& EAD - 03/22 (Notice Date 03/18)
BIOMETRICS APPOINT. for AOS & EAD - 03/27 Houston East ASC
ONLINE STATUS CHANGED- fingerprints received- 04/02/
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Old May 15th 2004, 6:16 am
  #3  
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Default Re: 90 days processing time frame for a interm EAD

Thank, but Susanna said she got her interim EAD on the 91st day from the receipt date on NOA...

Does each district office have different policy?

Does anyone have a interim EAD experience with the Memphis office?
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Old May 15th 2004, 6:16 am
  #4  
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Default Re: 90 days processing time frame for a interm EAD

Originally posted by Jun
I am still confusing....

Can someone make clear that the 90 days for a interim EAD is from the receipt date or the notice date?

There are two opinions for the time frame for a interim EAD :
1)90days from the receipt date on NOA
2)90days from the notice date on NOA

Which one is correct?
Hi:

Who cares about "opinions"??

The regulations specify "date of receipt." 8 CFR 274a.13(d).

When I see questions like this on lawyer discussion groups -- it invites either a "UTSL" if I'm feeling good or a "RTFM" if I'm feeling crabby.
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Old May 15th 2004, 7:23 am
  #5  
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Default Re: 90 days processing time frame for a interm EAD

Originally posted by Jun
I am still confusing....

Can someone make clear that the 90 days for a interim EAD is from the receipt date or the notice date?

There are two opinions for the time frame for a interim EAD :
1)90days from the receipt date on NOA
2)90days from the notice date on NOA

Which one is correct?

If it was which it is NOT the NOTICE DATE.
Then people would be waiting forever to get an EAD as the notice date is much later then the RECEIPT...... IT MAKES NO DIFFERENCE WHICH OFFICE
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Old May 15th 2004, 11:47 pm
  #6  
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Default Re: 90 days processing time frame for a interm EAD

When I asked this question on this forum, ppl said #2 is the right
answer. Now in this thread some ppl are saying #1 and even quoted the
instructions saying it's #1 while others are still saying it is #2.
I'm just going to go to the office 90 days from the receipt date and
see if they let us. I have nothing to lose except time, which we are
already doing...so hey, what's the big deal.

Susanna <member2739@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Jun
    > > I am still confusing....
    > >
    > >
    > Can someone make clear that the 90 days for a interim EAD is from the
    > receipt date or the notice date?
    > >
    > > There are two opinions for the
    > time frame for a interim EAD :
    > > 1)90days from the receipt date on NOA
    >
    > > 2)90days from the notice date on NOA
    > >
    > > Which one is correct?
    >
    >
    >
    > If it was which it is NOT the NOTICE DATE.
    > Then people would
    > be waiting forever to get an EAD as the notice date is much later then
    > the RECEIPT...... IT MAKES NO DIFFERENCE WHICH OFFICE
 
Old May 16th 2004, 12:32 am
  #7  
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Default Re: 90 days processing time frame for a interm EAD

From page eight of the instructions for Form I-765

"If you have not received a decision within 90 days of receipt by the INS of a properly filed EAD application based on an asylum application filed on or after January 4, 1995, you may obtain interim work authorization by appearing in person..."

Seems pretty clear to me that you may go on the 91'st day. Note there are additional instructions that you need to follow.

Also I never trust forms for determining the correct filing fees. Case in point this form still has the old fee listed.

A note here: In my case the New Orleans office only processes interim EADs on two days of the week at particular hours. I got this information from the information line three times...they are consistent on this item anyhow.


Originally posted by Jennifer Raccuglia
When I asked this question on this forum, ppl said #2 is the right
answer. Now in this thread some ppl are saying #1 and even quoted the
instructions saying it's #1 while others are still saying it is #2.
I'm just going to go to the office 90 days from the receipt date and
see if they let us. I have nothing to lose except time, which we are
already doing...so hey, what's the big deal.

Susanna <member2739@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Jun
    > > I am still confusing....
    > >
    > >
    > Can someone make clear that the 90 days for a interim EAD is from the
    > receipt date or the notice date?
    > >
    > > There are two opinions for the
    > time frame for a interim EAD :
    > > 1)90days from the receipt date on NOA
    >
    > > 2)90days from the notice date on NOA
    > >
    > > Which one is correct?
    >
    >
    >
    > If it was which it is NOT the NOTICE DATE.
    > Then people would
    > be waiting forever to get an EAD as the notice date is much later then
    > the RECEIPT...... IT MAKES NO DIFFERENCE WHICH OFFICE
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Old May 16th 2004, 6:13 am
  #8  
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Default Re: 90 days processing time frame for a interm EAD

we were trying to figure out the same thing on this thread http://britishexpats.com/forum/showt...hreadid=227834

i'm still confused.
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Old May 16th 2004, 6:20 am
  #9  
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Default Re: 90 days processing time frame for a interm EAD

Originally posted by Jennifer Raccuglia
When I asked this question on this forum, ppl said #2 is the right
answer. Now in this thread some ppl are saying #1 and even quoted the
instructions saying it's #1 while others are still saying it is #2.
I'm just going to go to the office 90 days from the receipt date and
see if they let us. I have nothing to lose except time, which we are
already doing...so hey, what's the big deal.

Susanna <member2739@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Jun
    > > I am still confusing....
    > >
    > >
    > Can someone make clear that the 90 days for a interim EAD is from the
    > receipt date or the notice date?
    > >
    > > There are two opinions for the
    > time frame for a interim EAD :
    > > 1)90days from the receipt date on NOA
    >
    > > 2)90days from the notice date on NOA
    > >
    > > Which one is correct?
    >
    >
    >
    > If it was which it is NOT the NOTICE DATE.
    > Then people would
    > be waiting forever to get an EAD as the notice date is much later then
    > the RECEIPT...... IT MAKES NO DIFFERENCE WHICH OFFICE
Under the regulations at 8 CFR §274a.13(d), the INS is required to adjudicate applications for EADs within 90 days from the date it receives the application. If the INS fails to adjudicate the EAD application within 90 days, the applicant can appear at the local INS office and ask for an interim employment authorization document (for a period not to exceed 240 days).

I'd take the regulation with me - even at risk of offending the IIO.
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