Paul&Dawn

Hi,

I came to the US in October 2003 on a K1 Visa. Got married in October, applied for AOS and EAD in December, in person at the local INS office.

My EAD application was approved, and I attended the Immigration Office again today to collect my card. The card expires in June 2004! The guy handing the cards out said he didn't know anything about the expiration dates - he just makes the cards. The other people there today all seemed to have been issued Employment cards lasting 9-months.

Is a 3-month EAD normal? Will I have to pay the fee again to get it renewed in 3-months - and is that likely to be the case every 3-months until I get my AOS?

Sorry if I'm asking stuff I should know - I did run a search on EAD's, but couldn't find anything about the time limits.

Thank you

Dawn

Trunk

I have never heard of a 90 day EAD, the 9 months is more like the Interim
EAD. Full EAD is one year.

You need to talk to someone in that office, what office did you apply to ?

It is possible that all of you got interim EADs because they're late issuing
the real one, but real EAD lasts one year, not 3 months, and not 9, interim
EAD is 240 days (I think).

"Paul&Dawn" <member17133@british_expats.com> wrote in message
news:[email protected]...
    > Hi,
    > I came to the US in October 2003 on a K1 Visa. Got married in
    > October, applied for AOS and EAD in December, in person at the local INS
    > office.
    > My EAD application was approved, and I attended the Immigration
    > Office again today to collect my card. The card expires in June 2004!
    > The guy handing the cards out said he didn't know anything about the
    > expiration dates - he just makes the cards. The other people there
    > today all seemed to have been issued Employment cards lasting 9-months.
    > Is a 3-month EAD normal? Will I have to pay the fee again to get it
    > renewed in 3-months - and is that likely to be the case every 3-months
    > until I get my AOS?
    > Sorry if I'm asking stuff I should know - I did run
    > a search on EAD's, but couldn't find anything about the time limits.
    > Thank you
    > Dawn
    > --
    > Posted via http://britishexpats.com

Paul&Dawn

Thanks for replying, Trunk.

I applied in person at the Hartford Immigration Office, (originally sent my AOS/EAD application to Vermont, who returned them stating that I had to apply in person).

I'll do as you suggest and try to contact the Hartford Office.

I'm worried now

Dawn

Trunk

Hartford CT ? if so check this site:
http://uscis.gov/graphics/fieldoffic...m#anchor155614

---
For Form I-765, the estimated processing time is 3 months.
---
Please note effective February 13, 2004, this office will no longer process
I-130/I-485 applications or any application submitted in conjunction with an
I-485. This includes I-765 employment applications and I-131 travel
permission applications. We will accept applications, by mail or in person,
with fees attached and forward them daily to the National Benefit Center in
Chicago, Illinois for processing. You will receive a filing receipt from
that office within 21 days. All employment documents and travel documents
will be mailed directly to you from the National Benefit Center. Residency
interviews will still be conducted locally once the case is transferred back
to this office. Any employment or parole applications for cases currently
pending here must also be sent by us to Chicago.
---
Employment Authorization Documents (EADs) (first time & renewals):
Please refer to the instruction on Form I-765, Application for
Employment Authorization, for information on where to file. For those
applications that can be filed at Hartford, you may drop off your
application in person or send it to:
Hartford Sub Office
450 Main Street
Hartford, CT 06103-3060

Applicants will then be scheduled for an appointment for processing of
the EAD card within 90 days.



---

"Paul&Dawn" <member17133@british_expats.com> wrote in message
news:[email protected]...
    > Thanks for replying, Trunk.
    > I applied in person at the Hartford
    > Immigration Office, (originally sent my AOS/EAD application to
    > Vermont, who returned them stating that I had to apply in person).
    > I'll do as you suggest and try to contact the Hartford Office.
    > I'm worried now
    > Dawn
    > --
    > Posted via http://britishexpats.com

Karen D

Hi Dawn

Sorry, I don't have any advice for you, I just wanted to say sorry to hear about this and I hope that it is just a mistake on their part.

I wondered if it might have only been issued for 3 months because your AOS interview might be imminent. But, having checked the District Office processing times, they are only working on I-485's from November 2002 so I guess that rules that out.

Good luck.

Chris Parker

Sorry, but unfortunately the issuance of (c)(9) Employment Authorization is entirely discretionary. The regulations stipulate the maximum period that it may be granted for is 1 year (and that usually is the norm), but there is no minimum period defined. In general, it is supposed to be issued for the time contemplated to complete your adjustment case, but no more than in one year increments.

You should apply for a renewal document at least 3 months before the current document expires. In your case, this means reapply now! Try reapplying using electronic filing; perhaps you'll get a longer period of validity from the Service Center that way.

This is not legal advice of course, but good luck!
CP

Karen D

Quote:

Originally posted by Chris Parker
Sorry, but unfortunately the issuance of (c)(9) Employment Authorization is entirely discretionary. The regulations stipulate the maximum period that it may be granted for is 1 year (and that usually is the norm), but there is no minimum period defined. In general, it is supposed to be issued for the time contemplated to complete your adjustment case, but no more than in one year increments.

You should apply for a renewal document at least 3 months before the current document expires. In your case, this means reapply now! Try reapplying using electronic filing; perhaps you'll get a longer period of validity from the Service Center that way.

Is this a scam for USCIS to make more money? How utterly ridiculous!! I'm mad and it isn't even my EAD we're talking about!

Dawn has paid the same amount of money as everyone else and, as Hartford are only working on AOS applications received in November 2002, I see her having precious little chance of her getting her Green Card within the next 3 months!

EAD costs $120 to file - certainly not cheap and yet without work and a regular income, she has to pay the same amount AGAIN to ensure her card is renewed in 3 months! What a load of crap, not to mention time wasting in processing the same application again - don't the USCIS have enough/better things to do?

I'm sure that if another company acted in this way - i.e. no set standards for people paying the same fee, there would be some sort of recourse. But no! This is the freakin USCIS and they do what they want!

Aaaaaaggggghhhhh........

Dawn, I really hope you have some joy when you visit the Hartford office, please keep us posted.

Pimpbot

If that is the case, I think it stinks that they are charging $120 for a 3 month EAD. Say they do that every three months, that would be 480 a year.

Mine arrived in the post today and was indeed valid for 1 year.

Chris Parker

A couple of thoughts come to mind:
- If you don't like, don't apply.
- Be happy they didn't entirely lose your application after cashing the checks (which they do to some people, the 90-day walk-ins). I know someone who just went through that at Hartford, and it took them 3 full-day trips to the office to get them to issue the EAD and AP.
- You can file a complaint, but then of course in their discretionary wisdom they could issue your next EAD for 1 day of validity!
- Just accept the jerk around as a necessary part of the adjustment process, and be polite and courteous with them and let them rip you off with a smile, and you'll have a smoother overall trip into permanent residency.


CP

Just Jenney

Mark's EAD appointment was set for Feb 18, but we couldn't make it there until Feb 20. Even though the EAD card wasn't made until Feb 20, it's validity started on Feb 18, the date of his appointment. It expires next Feb 17.

Aside the the Oct 2003 filing, you don't list a timeline. So if it's been awhile since the EAD appointment date, that could be why there's such a short validity time. If that's not the case, then I really don't know why it would only be valid for 3 months. That seems a ludicrous to me.

Don't really have any other advice, but I wish you both the best; I know how frustrating this whole thing can be.

~ Jenney

cindyabs

My husband's "regular" K3 EAD issued 23 Feb 04 expires June 23 04. His interim one, issued 23 January 04 expires 23 Sept 04. Not sure of where the consistency is on this one...........

Karen D

Quote:

Originally posted by Chris Parker
A couple of thoughts come to mind:
- If you don't like, don't apply.

In an ideal world maybe. People like to improve their quality of life by working and although they can do Volunteer work, unfortunately most people find themselves in the situation where they need to work to help with the cost of everyday life. Fortunately as this particular case does not seem to be the norm, most people can apply for EAD with some confidence, knowing that it is likely to be issued with an expiry date over 3 months away.

Quote:

Originally posted by Chris Parker
You can file a complaint, but then of course in their discretionary wisdom they could issue your next EAD for 1 day of validity!
- Just accept the jerk around as a necessary part of the adjustment process, and be polite and courteous with them and let them rip you off with a smile, and you'll have a smoother overall trip into permanent residency.

Although many of us here understand how we should best act for the smoothest ride, it's just plain wrong that we should have to accept being "jerked around" politely, while they are allowed to carry on in this inefficient and unethical manner.

Rant over - it doesn't change anything but I feel better!

katesuiter1

This pees me off. The majority of people want to work for their money, instead of poncing off other people. If us immigrants didn't apply for work authourization, we'd be "gold-diggers", using the USC for every penny we could get, and if we DO apply, we have to wait for months, running the risk of having to quit a decent job until the new card does come through, and then only have it valid for 3 months.

I'm with Karen on this. If we all pay the same, we should all have the same rules and EAD validity, regardless of when they "think" they'll be processing AOS. What's she supposed to do? Apply for another EAD the day after she got her new one? After all, they tell you to apply way before your current one runs out. Ridiculous!

Kate. xxxxx

Jerry-44

Hi ,
I have not been active on this new group for awhile, I came to US on March 2003 on K3 visa, applied for EAD and received on July 2003 about 3 months waiting period.and it is valid till March 2005.
I don't know if those rule are changed or you got issue only for 90 days. as some people saying that EAD is issue for one year it seems to me that depends from which office. I applied to Chicago , went for fingerprint in Charlotte, NC. now waiting for AOS almost 8 months.
good luck
Jerry-44

Trunk

http://uscis.gov/lpBin/lpext.dll/ins...-8cfrsec274a13

I guess I took the one year for granted, but this says:

(b) Approval of application. If the application is granted, the alien shall
be notified of the decision and issued an INS employment authorization
document valid for a specific period and subject to any terms and conditions
as noted.

it says a specific period...

(d) shows the interim (240 days) if they don't give you anything after the
(90 days)

http://uscis.gov/lpBin/lpext.dll/ins...-8cfrsec274a12

9) An alien who has filed an application for adjustment of status to lawful
permanent resident pursuant to part 245 of this chapter. Except as provided
in § § 245.13(j) and 245.15(n) of this chapter, employment authorization
shall be granted in increments not exceeding one year during the period the
application is pending (including any period when an administrative appeal
or judicial review is pending) and shall expire on a specified date. For
purposes of section 245(c)(8) of the Act, an alien will not be deemed to be
an "unauthorized alien" as defined in section 274A(h)(3) of the Act while
his or her properly filed Form I-485 application is pending final
adjudication, if the alien has otherwise obtained permission from the
Service pursuant to 8 CFR 274a.12 to engage in employment, or if the alien
had been granted employment authorization prior to the filing of the
adjustment application and such authorization does not expire during the
pendency of the adjustment application. Upon meeting these conditions, the
adjustment applicant need not file an application for employment
authorization to continue employment during the period described in the
preceding sentence; (Amended 7/23/97; 62 FR 39417) (Amended effective
6/22/98; 63 FR 27823) (Amended effective 6/11/99; 64 FR 25756) (Amended
3/24/00; 65 FR 15835)



----

moral of the story is that EAD should be one year, but it could be that they
would give one year if you're

working already for someone, and less if not... I am not sure anymore :P I
thought I was an EAD guru, I

guess not. My brain hurts after reading these CFR's.