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EAD Rant.. this is insane...

EAD Rant.. this is insane...

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Old Feb 26th 2004, 12:01 am
  #1  
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Default EAD Rant.. this is insane...

Hiya..

As you can see I applied for EAD with Vermont Oct 30th last year.

By Feb 11th they still hadn't got to me so I went to Baltimore and tried to get an Interim EAD...they tell me they don't do them on the same day and they go through an application procedure and I will get a letter in the post within 14 days or so and it shouldnt take long.

Today I get a notice from Baltimore in the post.. it will be approx 80 days till they have processed my request.. THIS IS FREAKING INSANE.. I have been waiting 120 days ALREADY!!

All I want to do is get out and work.. there is no way I can wait another 80 days.. 200 days total would be just too slow, and I will lose this job offer I have.

/Rant off

Last edited by leebarton; Feb 26th 2004 at 12:04 am.
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Old Feb 26th 2004, 12:04 am
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Default Re: EAD Rant.. this is insane...

Originally posted by leebarton
Hiya..

As you can see I applied for EAD with Vermont Oct 30th last year.

By Feb 11th they still hadn't got to me so I went to Baltimore and tried to get an Interim EAD...

Today I get a notice from Baltimore in the post.. it will be approx 80 days till they have processed my request.. THIS IS FREAKING INSANE.. I have been waiting 120 days ALREADY!!

All I want to do is get out and work.. there is no way I can wait another 80 days.. 200 days total would be just too slow, and I will lose this job offer I have.

/Rant off
Under INA Section 245(c), spouses of U.S. Citizens who work without USCIS permission or who overstay CAN STILL ADJUST STATUS IN THE U.S. This is true even if the illegal work or overstay precedes the marriage to the USC.
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Old Feb 26th 2004, 2:12 am
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Default Re: EAD Rant.. this is insane...

Originally posted by sphyrapicus
Under INA Section 245(c), spouses of U.S. Citizens who work without USCIS permission or who overstay CAN STILL ADJUST STATUS IN THE U.S. This is true even if the illegal work or overstay precedes the marriage to the USC.
I don't think advocating illegal employment is a very intelligent stance to take, regardless of whether it is technically possible. Also, you're assuming that an employer will be willing to hire an illegal worker. You're also assuming that the immigrant waiting for their legal EAD is willing to work illegally and take that risk.

In order to work here, you must present documentation that you are legally able to do so, including a completed I-9 form. This goes for everyone, immigrant or USC. Even if Lee's potential future employer is willing to hire without this documentation (which doesn't sound like is the case), that isn't necessarily the smartest thing for Lee to do. In fact, I think it's pretty stupid.

Lee, my heart goes out to you. Have you considered going back to Baltimore with a printout of the USCIS's policy regarding issuing Interim EADs after the 90-day period? Or even getting your senator/congressman involved? I wish I had more advice for you, but all I can really say is my fingers are crossed for you -- hang in there.

~ Jenney
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Old Feb 26th 2004, 2:13 am
  #4  
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Default Re: EAD Rant.. this is insane...

sphyrapicus wrote:

    >
    > Under INA Section 245(c), spouses
    > of U.S. Citizens who work without USCIS permission or who overstay CAN
    > STILL ADJUST STATUS IN THE U.S. This is true even if the illegal work
    > or overstay precedes the marriage to the USC.
    >

As long as their prospective employer doesn't care about the possible
penalties...........
 
Old Feb 26th 2004, 2:15 am
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Default Re: EAD Rant.. this is insane...

Originally posted by Jenney & Mark
I don't think advocating illegal employment is a very intelligent stance to take, regardless of whether it is technically possible. Also, you're assuming that an employer will be willing to hire an illegal worker. You're also assuming that the immigrant waiting for their legal EAD is willing to work illegally and take that risk.

In order to work here, you must present documentation that you are legally able to do so, including a completed I-9 form. This goes for everyone, immigrant or USC. Even if Lee's potential future employer is willing to hire without this documentation (which doesn't sound like is the case), that isn't necessarily the smartest thing for Lee to do. In fact, I think it's pretty stupid.

Lee, my heart goes out to you. Have you considered going back to Baltimore with a printout of the USCIS's policy regarding issuing Interim EADs after the 90-day period? Or even getting your senator/congressman involved? I wish I had more advice for you, but all I can really say is my fingers are crossed for you -- hang in there.

~ Jenney
I'm not assuming or advocating anything. I am stating a fact. By the way, someone who is in business for themselves and is not an "employee" per se may not have to fill out an I-9.

Last edited by sphyrapicus; Feb 26th 2004 at 2:19 am.
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Old Feb 26th 2004, 2:26 am
  #6  
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Default Re: EAD Rant.. this is insane...

Originally posted by Jenney & Mark
I don't think advocating illegal employment is a very intelligent stance to take, regardless of whether it is technically possible. Also, you're assuming that an employer will be willing to hire an illegal worker. You're also assuming that the immigrant waiting for their legal EAD is willing to work illegally and take that risk.

In order to work here, you must present documentation that you are legally able to do so, including a completed I-9 form. This goes for everyone, immigrant or USC. Even if Lee's potential future employer is willing to hire without this documentation (which doesn't sound like is the case), that isn't necessarily the smartest thing for Lee to do. In fact, I think it's pretty stupid.

Lee, my heart goes out to you. Have you considered going back to Baltimore with a printout of the USCIS's policy regarding issuing Interim EADs after the 90-day period? Or even getting your senator/congressman involved? I wish I had more advice for you, but all I can really say is my fingers are crossed for you -- hang in there.

~ Jenney
I second Jenney's post. I am not one who advocates running to their elected officials at the drop of a hat, but Lee it's time to bring some big guns in!!! Go for it.
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Old Feb 26th 2004, 2:27 am
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Default Re: EAD Rant.. this is insane...

Originally posted by sphyrapicus
I'm not assuming or advocating anything. I am stating a fact. By the way, someone who is in business for themselves and is not an "employee" per se may not have to fill out an I-9.
1) If you're not advocating it, why mention it and use all caps for emphasis?

2) You made no mention of self-employment. You only said someone could work illegally or overstay and still adjust status (and added emphasis to that part).

3) Lee already said he might lose a job offer he has if he has to wait much longer for his EAD. He did not say anything about being or becoming self-employed. So why mention it to him if it doesn't apply to his particular situation anyway?

~ Jenney
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Old Feb 26th 2004, 2:36 am
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Default Re: EAD Rant.. this is insane...

Originally posted by Jenney & Mark
1) If you're not advocating it, why mention it and use all caps for emphasis?

2) You made no mention of self-employment. You only said someone could work illegally or overstay and still adjust status (and added emphasis to that part).

3) Lee already said he might lose a job offer he has if he has to wait much longer for his EAD. He did not say anything about being or becoming self-employed. So why mention it to him if it doesn't apply to his particular situation anyway?

~ Jenney
My second post was a reply to you, not to Lee.
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Old Feb 26th 2004, 3:08 am
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Default Re: EAD Rant.. this is insane...

Lee,

We sent off our forms for AOS including EAD application at the start of october 2003. Because of a mistake by the INS requesting a form I had already sent, they RFE'd me in early january, which suspended my AOS and EAD until they received it again. This however added another 90 days before I could walk into the local INS office and get my temp EAD. So here I sit still without it.

insane indeed.
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Old Feb 26th 2004, 11:03 am
  #10  
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Default Re: EAD Rant.. this is insane...

Thanks everyone.. I just needed to let off some steam last night

I have been waiting 120+ days, been to Baltimore and told that they didn't do walkin interim EAD (ummmm ok) and just wanted to scream.

Today I am contacting my congressmans office. If I lost this job, in the field I was in the UK after actually managing to secure a well paying job in my field at the first attempt because of the incompetency of the USCIS (or whatever the flavour of the month is for them this month when it comes to names!) I would be fuming. It is just sooo infuriating sometimes being stuck at home and desperately wanting to be out working and earning the money and not being able to because of buerocracy.

Lee
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Old Feb 26th 2004, 11:22 am
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Default Re: EAD Rant.. this is insane...

I really do feel for you on this one. However from past experience and from feedback by others who have used Baltimore, it seems to be a real one off.

My EAD was processed in 80 days and would have been sooner but i had to cancell my EAD appointment due to vacation. The Federal Building is a royal pain in the ass to get to in Baltimore, but personally I would print off all the EAD information about temp provisions and take one more trip to them. Dont take no for an answer, demand to see a supervisor and just be a pain in their butts.

If you have already done this then I would do it again

Rob
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Old Feb 26th 2004, 11:53 am
  #12  
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Default Re: EAD Rant.. this is insane...

Have you contacted your spouse's representatives yet to get them to try and
push Baltimore to issue the interim EAD as they are required to by law? It
seems it's them you should be ranting too.

Andy.

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"leebarton" <member7333@british_expats.com> wrote in message
news:[email protected]...
    > Hiya..
    > As you can see I applied for EAD with Vermont Oct 30th last
    > year.
    > By Feb 11th they still hadn't got to me so I went to Baltimore
    > and tried to get an Interim EAD...they tell me they don't do them on the
    > same day and they go through an application procedure and I will get a
    > letter in the post within 14 days or so and it shouldnt take long.
    > Today I get a notice from Baltimore in the post.. it will be approx 80
    > days till they have processed my request.. THIS IS FREAKING INSANE.. I
    > have been waiting 120 days ALREADY!!
    > All I want to do is get out and
    > work.. there is no way I can wait another 80 days.. 200 days total would
    > be just too slow, and I will lose this job offer I have.
    > /Rant off
    > --
    > Posted via http://britishexpats.com
 
Old Feb 26th 2004, 12:14 pm
  #13  
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Default Re: EAD Rant.. this is insane...

[QUOTE]Originally posted by Andy Platt
Have you contacted your spouse's representatives yet to get them to try and
push Baltimore to issue the interim EAD as they are required to by law? It
seems it's them you should be ranting too.

Andy.


---

I did when it reached 90 days and I had the walkin failure... and they said that vermont told them another 2-4 weeks. It has been 2 since I spoke to them, but I am going to contact them again today anyhow now I have this new baltimore notice.
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Old Feb 26th 2004, 2:21 pm
  #14  
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Default Re: EAD Rant.. this is insane...

Did you ask them why Baltimore was allowed not to follow the law?

Andy.

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"leebarton" <member7333@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Andy Platt
    > > Have you contacted your
    > spouse's representatives yet to get them to try and
    > > push Baltimore to
    > issue the interim EAD as they are required to by law? It
    > > seems it's
    > them you should be ranting too.
    > >
    > > Andy.
    > >
    > >
    > > ---
    > >
    > > I did when
    > it reached 90 days and I had the walkin failure... and they said that
    > vermont told them another 2-4 weeks. It has been 2 since I spoke to
    > them, but I am going to contact them again today anyhow now I have this
    > new baltimore notice.
    > --
    > Posted via http://britishexpats.com
 
Old Feb 26th 2004, 4:16 pm
  #15  
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Default Re: EAD Rant.. this is insane...

Hi Lee

With the 90 days did you count from NOA date and include weekends or is it ' workdays'?
I'm up to day 70 from NOA including weekends and it doesn't look like I will have my EAD by day 90 so I am planning the trip downtown when day 90 comes around. I don't want to bother if they are just going to throw the workdays only in my face when I go there.

Thanks and I hope you get yours sorted soon. I remeber you moving over a month before me and its crazy that this is all taking so long.

Nicola

Timeline TSC

NOA1 January 15th 2003
NOA2 June 19th 2003 (Online Status)
NOA2 Letter received June 23rd 2003
NVC Letter recieved July 2nd 2003 (dated 30th June)
Packet 3 received July 10th 2003
Returned IV-15 July 21st 2003 (Delayed due to being in the USA when it arrived)
Interview date received July 25th 2003
Interview date September 2nd 2003
Got the Visa!!!
Moved to the USA September 5th 2003

Got married November 1st

Adjustment of Status - Atlanta
Applied for SSN in married name November 21st 2003
AOS & EAD sent November 22nd 2003
Received at Atlanta office November 25th 2003 (UPS online)
SSN arrived November 28th 2003
Driving Test December 11th 2003
AOS & EAD NOA received dated December 17th 2003
Appointment for Biometrics January 24th 2004

Originally posted by leebarton
Hiya..

As you can see I applied for EAD with Vermont Oct 30th last year.

By Feb 11th they still hadn't got to me so I went to Baltimore and tried to get an Interim EAD...they tell me they don't do them on the same day and they go through an application procedure and I will get a letter in the post within 14 days or so and it shouldnt take long.

Today I get a notice from Baltimore in the post.. it will be approx 80 days till they have processed my request.. THIS IS FREAKING INSANE.. I have been waiting 120 days ALREADY!!

All I want to do is get out and work.. there is no way I can wait another 80 days.. 200 days total would be just too slow, and I will lose this job offer I have.

/Rant off
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