Folinskyinla

Hi Kate:

The handle a LOT of applications. Sometimes an individual application or a box of applications may simply be misplaced. In my Los Angeles filings -- I've noted that filings on October 10, 2003 and Janaury 20, 2003 all got screwed up -- and in comparing notes with other lawyers -- I wasn't alone. Sometimes the normal file clerk may be out with the flu and new temp is handling it. Who knows?

It may very well be that YOUR invididual application is one that got snakebit.

katesuiter1

Oh, Lordy, please don't say that! Thanks for your honesty, though!

I decided to change my day off work for my interim EAD appointment from May 20th to closer to my EAD expiry date. Couple of reasons being:

It gives USCIS that little bit of extra time to approve the app without my having to waste a vacation day to drag my ass to Miami. (Wasn't able to before due to colleagues having time off in early June also, but they've changed their dates now. )

I looked on my NOA properly, and my notice date is 23rd Feb, which would make it only 87 days if they go by the notice date, and not the received date. From past experiences, a few of the officers there aren't the nicest of people, and I don't want to end up with the same horrid woman who turned me away when I tried to file AOS. With my luck, they'll say, "Sorry, you've still got three days to go before you can get your interim." Then I'll be REALLY peed off!

Kate. xxxxx

MrDub

Not that I have had the pleasure of dealing with an interm EAD (yet) but surely if they tell you you have three more days to wait, you can ask them to just make the interm valid from the 91st day ?
....anyway i wish you all the best and will anticipate some good news from you next week !

katesuiter1

Nah, that'd make too much sense!! I really didn't want to take the chance. It's a bit of a shock to the system for a Brit to come here and discover the reduction in vacation time , and I have few as it is, I didn't want to have to use another when it's not necessary. Thanks for your well wishes!!

Kate. xxxx

Susanna

Its the receipt date take it from me lol.
I walked into the Chicago office on the 91st date from receipt and got my EAD.
I also have the EAD small hand book with all the details in and it states.
INTERIM EAD. If you have not recieved a decision within 90days of RECEIPT by the INS of a properly filed EAD application or within 30days of a properly filed intial EAD APPLICATION based on an asylum application filed on or after January 4 1995 you may obtain Interim work authorisation by appearing in person at your local INS district office.

Susanna

katesuiter1

I'm really hard-headed when it comes to USCIS. Every office(r) makes up their own rules. I asked the 1800 helpline what forms I needed to file for AOS, and I specifically asked if I needed to take any docs for Corey. I was given a firm "no". I called again and spoke to a different rep, just to see if I'd get a different answer. Again, I was told I wouldn't need anything for Corey. The AOS instructions also don't mention anything about docs for the USC.

When I went down to Miami to file AOS, the witch I ended up with told me I'd had a wasted journey. She couldn't accept my file if I didn't have a G325a for Corey and his birth certificate. I tried to tell her that I was told on several occasions that I wouldn't need this stuff, but she must've rolled out of bed the wrong side, cuz she got really snippy and repeated that I'd wasted my time. I was so pissed off, I nearly cried right there.

When I went down again, (this time armed with the "required" documents), a different officer accepted my file. I watched her face and expected her to ask why Corey's stuff was in there, and although she looked a bit puzzled when she saw them, she didn't question why they were there. She did, however, ask where my I-130 was, which isn't necessary for a K1 AOS. I had to correct her.

I don't trust anything I'm told by them anymore, whether it be written or verbal.

Kate. xxxx

MrDub

Well I definetly second that. I rang up USCIS a few weeks ago regarding the 1 year EAD. At the time I did not know about the Interm EAD. So I asked the lady on the phone if I applied for a 90 EAD and the perm EAD did not arrive in time could I get the 90 EAD extended. She said no (I suppose correctly so) and then I asked her explicitly if that meant I had to leave my job and wait for the 1 year EAD to arrive. She said Yes it does sir. Absolutely no mention of an interm EAD from her....thank God for this forum is all I can say !.

katesuiter1

That woman should be fired. Not every immigrant will question one answer, and whatever they're told one time, they'll believe it.

Kate. xxxx

Jennifer Raccuglia

buffalo24 <member21267@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by CalgaryAMC
    > > Or a permanent
    > solution: issue the EAD with the visa.
    >
    > Exactly!!

Yeah ok, you're thinking in the context of fiance visas right? I was
speaking in the context of not having one where the spouse is already
in the U.S. and never had a fiance visa.

buffalo24

I don't understand - why would it be different? He's still my spouse and he's still in the US and in the same boat as anyone else who's applied for adjustment of status. I think both your suggestion and CalgaryAMC's suggestions would be better than the current state of things...

lpdiver

If I find myself I'll ask to speak to a supervisor...politely. I'll also do my research very well ahead of time so that I know the regulations.

buffalo24

I'm a little confused...because I think the person you spoke with was right, if I understand correctly what you're saying.

To get the interim EAD you need to wait until after 90 days from the receipt date of the I-765 filed with AOS. You won't get this receipt date until you file for it, and to file you need to have your certified marriage certificate. It can take a couple weeks after filing to get the receipt date, and it can take a little bit of time to file the AOS depending on how soon after entry you get married.

Basically, my husband and I were married 4 days after he came over on the K1, and we rushed the marriage cert. so we could file AOS. He crossed on April 13 - it's now one month later and our NOAs are nowhere in sight - our checks haven't even been cashed. So even if he had gotten the temp EAD, he still would have had to leave a job if the if the I-765 isn't approved in 90 days.

Am I just completely missing your point, or not making sense here? Basically, what I'm trying to say is that the temp EAD is probably useless unless you are not going through the NBC and your local office is fast at processing I-765s.

Susanna

I am lost why would the temp be no good it is valid for 90days minumum.????
Sorry you lost me lol.

buffalo24

I'm talking about a temporary EAD that a K1 visa holder would get either at the POE or based on K1 status - that EAD is only valid until the I-94 expiry date, 90 days after entry.

I'm not talking about the interim EAD from the local office...

I say it's useless only because it is highly likely that one would have to leave a job gotten with a 90 temp EAD because it seems that AOS based EADs are taking forever to process these days.

Susanna

Arrrrrrrre I am with you lol butttttttttttt you could then get another temp EAD could you not???????
Is that possible?