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Applying for an interim EAD?

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Applying for an interim EAD?

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Old Dec 17th 2003, 12:11 pm
  #31  
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Default Re: Applying for an interim EAD?

Originally posted by speedyvespa
On the I-765 form I'm looking at now, it says....

Interim EAD: an EAD issued to an eligible applicant when the INS 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.

...which will prove to be good news for those on the forum who are asylees, but alas, the remainder of us will have to wait a little longer.

A refugee wouldn't be likely to have sponsors I guess, so it seems fair that they have priority. Though I wish we were all dealt with a little (lot?) more quickly.

- Mark

Hi:

Refugees and asylees are ALREADY authorized to work "incident to status". They can get unrestricted SS cards.

Asylum applicants are a different matter and they do NOT get favored -- just the opposite in fact.

Asylum applicants can't even apply for an EAD until 150 days have elapsed from date of filing and the EAD can't be approved until 180 days. If there is any "stop-clock" event before then, then no EAD. Seven years ago, there was an effort to "de-couple" the asylum process from work authorization. Once you file for asylum, you are on greased skids towards a prompt approval or a removal proceeding before an Immigration Judge and when the Judge gets the case, they WILL hear it before day 180 absent giving up the right to get an EAD. If the IJ deneys your case, no EAD during the appeal process.
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Old Dec 17th 2003, 12:29 pm
  #32  
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Default Re: Applying for an interim EAD?

Originally posted by Folinskyinla
Hi:

Refugees and asylees are ALREADY authorized to work "incident to status". They can get unrestricted SS cards.

Asylum applicants are a different matter and they do NOT get favored -- just the opposite in fact.

Asylum applicants can't even apply for an EAD until 150 days have elapsed from date of filing and the EAD can't be approved until 180 days. If there is any "stop-clock" event before then, then no EAD. Seven years ago, there was an effort to "de-couple" the asylum process from work authorization. Once you file for asylum, you are on greased skids towards a prompt approval or a removal proceeding before an Immigration Judge and when the Judge gets the case, they WILL hear it before day 180 absent giving up the right to get an EAD. If the IJ deneys your case, no EAD during the appeal process.
Falinskyinla,

then I guess I may ask my question again, could you please advise:
if you don't receive EAD within 90 days, you can go to USCIS office and get from them, right?
Is that true if you are getting your EAD for the first time, you don't have to wait for 90 days, and can go to USCIS after 30 days?
thank you.
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Old Dec 17th 2003, 12:45 pm
  #33  
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Default Re: Applying for an interim EAD?

Originally posted by maximus76
Falinskyinla,

then I guess I may ask my question again, could you please advise:
if you don't receive EAD within 90 days, you can go to USCIS office and get from them, right?
Is that true if you are getting your EAD for the first time, you don't have to wait for 90 days, and can go to USCIS after 30 days?
thank you.
1. Yes, provided they'll do it.
2. Not true.
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Old Dec 17th 2003, 1:13 pm
  #34  
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Default Re: Applying for an interim EAD?

On Thu, 18 Dec 2003 01:29:06 +0000, maximus76
<member18167@british_expats.com> wrote:

    >Originally posted by Folinskyinla
    >> Hi:
    >> Refugees and asylees are ALREADY authorized to work "incident to
    >> status". They can get unrestricted SS cards.
    >> Asylum applicants are a different matter and they do NOT get favored
    >> -- just the opposite in fact.
    >> Asylum applicants can't even apply for an EAD until 150 days have
    >> elapsed from date of filing and the EAD can't be approved until 180
    >> days. If there is any "stop-clock" event before then, then no EAD.
    >> Seven years ago, there was an effort to "de-couple" the asylum process
    >> from work authorization. Once you file for asylum, you are on greased
    >> skids towards a prompt approval or a removal proceeding before an
    >> Immigration Judge and when the Judge gets the case, they WILL hear it
    >> before day 180 absent giving up the right to get an EAD. If the IJ
    >> deneys your case, no EAD during the appeal process.
    >Falinskyinla,
    >then I guess I may ask my question again, could you please advise:
    >if you don't receive EAD within 90 days, you can go to USCIS office and
    >get from them, right?

That worked for me at Buffalo, NY. Had to plead though.

    >Is that true if you are getting your EAD for the first time, you don't
    >have to wait for 90 days, and can go to USCIS after 30 days?

Don't know that one, sorry.


    >thank you.


Grahame and Laura

K-1 app. mailed 1/24/2002.
First NOA received 2/4/2002 (dated 1/28).
Approval via automated phone line 2/13.
Sydney consulate cabled 2/14.
 
Old Dec 17th 2003, 2:00 pm
  #35  
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Default Re: Applying for an interim EAD?

    Originally posted by Grahame And Laura
if you don't receive EAD within 90 days, you can go to USCIS office and get from them, right?


That worked for me at Buffalo, NY. Had to plead though.
I've been lead to believe that they're somewhat obliged to issue with one if it's not been processed within the 90-day time bracket (as much as the BCIS are obliged to do anything, mind...
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Old Dec 18th 2003, 3:35 am
  #36  
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Default Re: Applying for an interim EAD?

Originally posted by speedyvespa
On the I-765 form I'm looking at now, it says....

Interim EAD: an EAD issued to an eligible applicant when the INS 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.

...which will prove to be good news for those on the forum who are asylees, but alas, the remainder of us will have to wait a little longer.
Aw man...
I probably skimmed over the instructions for that one nite when I should have been sleeping. I TOTALLY missed the "based on an asylum application" part...

*feels like a putz*
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Old Dec 18th 2003, 10:32 am
  #37  
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Default Re: Applying for an interim EAD?

On Thu, 18 Dec 2003 03:00:12 +0000, speedyvespa
<member6884@british_expats.com> wrote:

    >Originally posted by Grahame And Laura
    >> if you don't receive EAD within 90 days, you can go to USCIS office
    >> and get from them, right?
    >> That worked for me at Buffalo, NY. Had to plead though.
    >I've been lead to believe that they're somewhat obliged to issue with
    >one if it's not been processed within the 90-day time bracket (as much
    >as the BCIS are obliged to do anything, mind...

They weren't the ones who took my original application, so the person
I spoke to was reluctant. It was outside the box for them I suppose.

Grahame and Laura

K-1 app. mailed 1/24/2002.
First NOA received 2/4/2002 (dated 1/28).
Approval via automated phone line 2/13.
Sydney consulate cabled 2/14.
 

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