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EAD only last three months?

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Old Mar 24th 2004, 4:19 am
  #16  
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Default Re: EAD only last three months?

Sorry, I wasn't going to reply, but the others are going hell bent for leather in their indignation for you.

There is one thing that no one who replied as touched on:

The USCIS has historically given EAD's and A/P for less than a year, IF THEY THOUGHT THEY WERE ADJUDICATING THE PETITION WITHIN THE TIMEFRAME OF THE EAD AND/OR AP GIVEN.

So my question to you is, have you been fingerprinted for AOS yet? Have you applied for A/P? If so, when is its expiration date?

Also:

Did your I-765 for the EAD go to the NBC? Did you receive any correspondence from them? If it did and you did, was the correspondence for you to make an appointment to go to the local ASC office for the single digit print and photo session for the manufacture of the EAD card? If so, and the 90 day EAD that you got in Hartford might well be an interim EAD until the one year comes in from the NBC.

There is a lot that might be going on and a lot that you might have left out.

Rete


Originally posted by 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
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Old Mar 24th 2004, 4:38 am
  #17  
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Default Re: EAD only last three months?

Originally posted by 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
DAWN:

A question, I had tried o apply for my EAD renewal in person at the ATlanta office, i was told that you cannot apply in person and have to mail it out. I understand that all offices are different, but, this is interesting that your EAD was issued only for 90 days. As far as my experience goes, all two times at the ATLANTA office, they have asked me if all-info is correct when they hand-out the EAD. Of course, the guy should know if you ask him why only 3 months, but, it all depends. Please keep us posted on your experience.

Thanks
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Old Mar 24th 2004, 5:35 am
  #18  
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Default Re: EAD only last three months?

Hello,

Thank you all for your concern, support and advice - I didn't realise my post would cause so much interest, and didn't think there would be any more responses - sorry!

Rete - I have not been fingerprinted for AOS, neither have I applied for A/P. As I said, I mistakenly mailed my AOS and EAD applications to Vermont in December. When they returned them, their covering letter only stated that I had to submit the applications in person at the Hartford Immigration Office, and gave me the opening times. I attended the Hartford Office, waited for 6 hours, and was given a letter stating that my EAD application had been 'successful', and giving me a date and time to return to the Hartford Office to collect the card.

I returned on Monday, they took a fingerprint of my right index finger, took my photograph, and about 20 minutes later issued my card. From what I could see, nobody there was issued a 12-month EAD, but nobody else was only issued a 3-month one. The guy handing out the cards claimed no knowledge of the reason for the time limits.

I called the Customer Service line yesterday, only to be told that I would have to go back to, or write in to, the Hartford Office, (it is not possible to contact them by telephone). We are trying to find out when is the best time for me to do that, as although I will wait another 6-hours there if necessary, I would rather not.

I have no intention of complaining. All things considered, our K-1 application has gone pretty smoothly from the start, and as I know from this website that is not the case for a lot of people. The only thing that annoys me is the possibility that we could be facing paying $120 every three months until my AOS interview.

Thank you all VERY much for your replies and input. I will, of course, let you know when I get an explanation.

Dawn
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Old Mar 24th 2004, 6:22 am
  #19  
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Default Re: EAD only last three months?

Originally posted by Karen D
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!
Rant to Congress about it then, but not to the Service. But you are right, won't change a thing!

Congress is the one that made this entire process administratively discretionary. The great jerk-off & hassle of the adjustment process that everyone experiences from the Service is that administrative discretion in action. I suppose it is intended to weed and exclude those who don't belong here lawfully, and I hope their classified records show that it actually does work.


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Old Mar 24th 2004, 6:35 am
  #20  
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Default Re: EAD only last three 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!

We all are getting our EADs under the same rules. The problem is the
rule highlights that an exercise of discretion is involved in whether
or not to issue it, and for how long.

In NYC, they take your check and throw your application in the trash.
They don't always bother sending out a filing receipt either.


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Old Mar 24th 2004, 6:52 am
  #21  
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Default Re: EAD only last three months?

Originally posted by Trunk
I guess I took the one year for granted, but this says:

(d) shows the interim (240 days) if they don't give you anything after the (90 days)
The truth is none of the offices actually issue EADs under the above clause because of the required 240 days.

Instead, they accept a new application from you at the time you appear after 90 days, waive the filing fee as an exercise of their discretion (as authorized under 8 CFR 103.7(c)), and immediately adjudicate the application under the normal rules.

Some people get the appointment notice for the EAD they never got in the next few days. If they go, they get a new EAD. If they don't, they get a denial notice for failure to appear. If they reply (like they should), their I-765 application is considered withdrawn.

You're right, the rules get severely twisted; get used to it. If you really want a mind boggler, look at 8 CFR 103.5a concerning service of notices: "Service by mail is complete upon mailing." Note that doesn't require the party to necessarily receive it!


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Old Mar 24th 2004, 6:57 am
  #22  
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Default Re: EAD only last three months?

Originally posted by Paul&Dawn
I have no intention of complaining. All things considered, our K-1 application has gone pretty smoothly from the start, and as I know from this website that is not the case for a lot of people. The only thing that annoys me is the possibility that we could be facing paying $120 every three months until my AOS interview.
I doubt they'd do it again. They really just want to see what you will do with it. Pay it again now.


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Old Mar 24th 2004, 7:08 am
  #23  
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Default Re: EAD only last three months?

Originally posted by Chris Parker
Rant to Congress about it then, but not to the Service. But you are right, won't change a thing!
Shan't waste my breath thanks... shall just wait here patiently like a good girl, like I'm supposed to...
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Old Mar 24th 2004, 8:22 am
  #24  
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Default Re: EAD only last three months?

Non issuance of this receipt or NOA is a big thorn in the side for getting a drivers license in Louisiana.


Originally posted by Chris Parker
    > 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!

We all are getting our EADs under the same rules. The problem is the
rule highlights that an exercise of discretion is involved in whether
or not to issue it, and for how long.

In NYC, they take your check and throw your application in the trash.
They don't always bother sending out a filing receipt either.


CP
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Old Mar 24th 2004, 10:08 am
  #25  
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Default Re: EAD only last three months?

Back in 2001 when my husband went to get his one year EAD in Los Angeles
they gave him one for three months as well, I immediately knew it was a
mistake so first we went up to the office where they have free immigration
lawyers to verify and the person there told him to go back downstairs and
get request a new once which he did and got.

"Paul&Dawn" <member17133@british_expats.com> wrote in message
news:[email protected]...
    > Hello,
    > Thank you all for your concern, support and advice - I didn't
    > realise my post would cause so much interest, and didn't think there
    > would be any more responses - sorry!
    > Rete - I have not been
    > fingerprinted for AOS, neither have I applied for A/P. As I said, I
    > mistakenly mailed my AOS and EAD applications to Vermont in December.
    > When they returned them, their covering letter only stated that I had to
    > submit the applications in person at the Hartford Immigration Office,
    > and gave me the opening times. I attended the Hartford Office, waited
    > for 6 hours, and was given a letter stating that my EAD application had
    > been 'successful', and giving me a date and time to return to the
    > Hartford Office to collect the card.
    > I returned on Monday, they took a
    > fingerprint of my right index finger, took my photograph, and about 20
    > minutes later issued my card. From what I could see, nobody there was
    > issued a 12-month EAD, but nobody else was only issued a 3-month one.
    > The guy handing out the cards claimed no knowledge of the reason for the
    > time limits.
    > I called the Customer Service line yesterday, only to be
    > told that I would have to go back to, or write in to, the Hartford
    > Office, (it is not possible to contact them by telephone). We are
    > trying to find out when is the best time for me to do that, as although
    > I will wait another 6-hours there if necessary, I would rather not.
    > I
    > have no intention of complaining. All things considered, our K-1
    > application has gone pretty smoothly from the start, and as I know from
    > this website that is not the case for a lot of people. The only thing
    > that annoys me is the possibility that we could be facing paying $120
    > every three months until my AOS interview.
    > Thank you all VERY much for
    > your replies and input. I will, of course, let you know when I get an
    > explanation.
    > Dawn
    > --
    > Posted via http://britishexpats.com
 

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