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Old Nov 8th 2004, 12:06 pm
  #1  
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Default EAD Renewal Question - NYC

Hi,

Back in early October, I did the biometrics for my EAD renewal (currently waiting for AOS based on marriage to USC). I filed the papers to NYC in late August/early Sept, and got an NOA from missouri, doing the biometrics shortly after. My current card is set to expire on November 16th, and the looming of this date has gotten me and my employer concerned.

1. Can my employer (Goodwill) appeal on my behalf? They quite literally do not, and cannot cope without me, as I assist in the running of a major staffing dept. My boss was hoping that the Goodwill's standing in the community, and my importance to his division could have some sway. I'm more skeptical, and feel the USCIS won't listen to pleas, regardless of who the employer is.

2. Can I go to Federal Plaza when my current EAD is due to expire and grovel on my hands and knees for a replacement?

3. Or, am I SOL, and will have to wait until the 90 days have passed, or they send the renewed card (which ever comes soonest)

4. Would a congressional enquiry speed things up?


When I renewed last year, things were done whirlwind, and I received the new card 5 weeks later. I guess it goes to show how bogged down the centers are getting now.

Thank you as usual for any help, folks.
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Old Nov 9th 2004, 12:10 pm
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Default Re: EAD Renewal Question - NYC

Originally Posted by nathan barley
Hi,

Back in early October, I did the biometrics for my EAD renewal (currently waiting for AOS based on marriage to USC). I filed the papers to NYC in late August/early Sept, and got an NOA from missouri, doing the biometrics shortly after. My current card is set to expire on November 16th, and the looming of this date has gotten me and my employer concerned.

1. Can my employer (Goodwill) appeal on my behalf? They quite literally do not, and cannot cope without me, as I assist in the running of a major staffing dept. My boss was hoping that the Goodwill's standing in the community, and my importance to his division could have some sway. I'm more skeptical, and feel the USCIS won't listen to pleas, regardless of who the employer is.

2. Can I go to Federal Plaza when my current EAD is due to expire and grovel on my hands and knees for a replacement?

3. Or, am I SOL, and will have to wait until the 90 days have passed, or they send the renewed card (which ever comes soonest)

4. Would a congressional enquiry speed things up?


When I renewed last year, things were done whirlwind, and I received the new card 5 weeks later. I guess it goes to show how bogged down the centers are getting now.

Thank you as usual for any help, folks.
Nathan,

I don't have an answer for you, but in 3 weeks I'll be in the same boat - my EAD expires on Dec 3rd. I think it wouldn't hurt if you make INFO Pass appointment and ask for their understanding. Chances are - they don't give a damn... but who knows... Have you tried to ask for help from your congress person?

Please do keep posting about what happens to your job. I hope things work out for you! Good luck!
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Old Nov 9th 2004, 12:48 pm
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Default Re: EAD Renewal Question - NYC

Originally Posted by Amadeus
Nathan,

I don't have an answer for you, but in 3 weeks I'll be in the same boat - my EAD expires on Dec 3rd. I think it wouldn't hurt if you make INFO Pass appointment and ask for their understanding. Chances are - they don't give a damn... but who knows... Have you tried to ask for help from your congress person?

Please do keep posting about what happens to your job. I hope things work out for you! Good luck!
Well, I'm lucky to have an extremely understanding employer. My bosses are concerned, both for not having me there and the effect it will have on the qualify of business, and for the impact it'll have on me not to be earning for however long it takes to be renewed.

My boss is going to speak to their HR dept, to see if they can do anything to speed up the process, the company has a huge amount of clout in the city.

How do I determine which congressperson I should speak to?
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Old Nov 9th 2004, 12:55 pm
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Default Re: EAD Renewal Question - NYC

Ah Nathan - how we feel your pain. My husband is in the same boat - feels like he's in steerage! (-:

His Ead expires exactly the same date as yours - next wk, 11/16. We filed EAD & AP renewal at the end of August. The AP was approved online some days before the election and it followed in the mail shortly after.

We thought it would play out just as it did last year when both were approved just days apart.

No such luck.

We're still waiting on the EAD and not holding our breath. Called the misinformation line and they told us what we already knew ...

1) they can't give us any info on its cursed status
2) we have to wait until exactly the 90 days pass - just after Thanksgiving - and go get an interim at Federal Plaza

I don't think you'll have to bend on hands/knees to grovel though - it should all work out and they SHOULD give you an iterem.

Probably tomorrow we'll be cruising Info Pass to make an appt for after turkey day.

Let us know how it goes! Best of luck!


Originally Posted by nathan barley
Hi,

Back in early October, I did the biometrics for my EAD renewal (currently waiting for AOS based on marriage to USC). I filed the papers to NYC in late August/early Sept, and got an NOA from missouri, doing the biometrics shortly after. My current card is set to expire on November 16th, and the looming of this date has gotten me and my employer concerned.

1. Can my employer (Goodwill) appeal on my behalf? They quite literally do not, and cannot cope without me, as I assist in the running of a major staffing dept. My boss was hoping that the Goodwill's standing in the community, and my importance to his division could have some sway. I'm more skeptical, and feel the USCIS won't listen to pleas, regardless of who the employer is.

2. Can I go to Federal Plaza when my current EAD is due to expire and grovel on my hands and knees for a replacement?

3. Or, am I SOL, and will have to wait until the 90 days have passed, or they send the renewed card (which ever comes soonest)

4. Would a congressional enquiry speed things up?


When I renewed last year, things were done whirlwind, and I received the new card 5 weeks later. I guess it goes to show how bogged down the centers are getting now.

Thank you as usual for any help, folks.
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Old Nov 9th 2004, 1:05 pm
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Default Re: EAD Renewal Question - NYC

Originally Posted by janadeen
I don't think you'll have to bend on hands/knees to grovel though - it should all work out and they SHOULD give you an iterem.

Probably tomorrow we'll be cruising Info Pass to make an appt for after turkey day.

Let us know how it goes! Best of luck!
Will do, hope it all pans out for you guys as well.

At this rate, our AOS interview will be up before I get the ead.
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Old Nov 9th 2004, 2:00 pm
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Default Re: EAD Renewal Question - NYC

Nathan

I appreciate the fact that you are a good worker and well liked and appreciated by your company but no one is indispensable. They can get alone without you for 7 working days. For that is all that you will be missing if you had sent your I-765 in exactly 90 days before your present EAD expires.

Or they can allow you to continue working those days because you can show them the receipt that you have applied for a renewal EAD and should have it by November 26. There is a visa attorney group website out there that I gave the link to once that said in black and white that that is acceptable. Have a look for it. It is under the I-9 compliance section of their website.

Rete


Originally Posted by nathan barley
Hi,

Back in early October, I did the biometrics for my EAD renewal (currently waiting for AOS based on marriage to USC). I filed the papers to NYC in late August/early Sept, and got an NOA from missouri, doing the biometrics shortly after. My current card is set to expire on November 16th, and the looming of this date has gotten me and my employer concerned.

1. Can my employer (Goodwill) appeal on my behalf? They quite literally do not, and cannot cope without me, as I assist in the running of a major staffing dept. My boss was hoping that the Goodwill's standing in the community, and my importance to his division could have some sway. I'm more skeptical, and feel the USCIS won't listen to pleas, regardless of who the employer is.

2. Can I go to Federal Plaza when my current EAD is due to expire and grovel on my hands and knees for a replacement?

3. Or, am I SOL, and will have to wait until the 90 days have passed, or they send the renewed card (which ever comes soonest)

4. Would a congressional enquiry speed things up?


When I renewed last year, things were done whirlwind, and I received the new card 5 weeks later. I guess it goes to show how bogged down the centers are getting now.

Thank you as usual for any help, folks.
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Old Nov 9th 2004, 2:27 pm
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Default Re: EAD Renewal Question - NYC

Originally Posted by Rete
Nathan

I appreciate the fact that you are a good worker and well liked and appreciated by your company but no one is indispensable. They can get alone without you for 7 working days. For that is all that you will be missing if you had sent your I-765 in exactly 90 days before your present EAD expires.
Please, you don't know the utter mess I came back to after a 5 day vacation.
My manager/V.P had to tell the person who was covering *some* of my duties to stop emailing me at home because she was unable to cope in some cases.

What's the name of the visa attorney's website? Thanks for the tip, I'll look into it.
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Old Nov 9th 2004, 3:08 pm
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Default Re: EAD Renewal Question - NYC

Originally Posted by nathan barley
Please, you don't know the utter mess I came back to after a 5 day vacation.
My manager/V.P had to tell the person who was covering *some* of my duties to stop emailing me at home because she was unable to cope in some cases.

What's the name of the visa attorney's website? Thanks for the tip, I'll look into it.

Sorry but if I had remembered it I would have given it to you outright. I posted it on the forum so you should be able to find it by searching google. Look for I-9 and compliance.

Rete
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Old Nov 9th 2004, 3:11 pm
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Default Re: EAD Renewal Question - NYC

Originally Posted by Rete
Sorry but if I had remembered it I would have given it to you outright. I posted it on the forum so you should be able to find it by searching google. Look for I-9 and compliance.

Rete

Here it is:

http://www.google.com/groups?q=I-9+C...ups.com&rnum=1


"I was reading the USvisanews and found this on the compliance to the
I-9

http://www.usvisanews.com/i9-compliance.html

In it they say

Work authorization is automatically extended for 240 days for certain
nonimmigrants who have filed an application for an extension of their
work authorization. An INS receipt for a timely filed extension
application may be used as proof of continuing work authorization for a
period of 240 days. An employer must accept such a receipt as proof of
continuing work authorization.

Go to the page above and then click on Common I-9 Compliance Problems"
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Old Nov 10th 2004, 2:13 pm
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Default Re: EAD Renewal Question - NYC

Originally Posted by Rete
Useful Stuff
Thank you Rete, I appreciate it.
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Old Nov 10th 2004, 2:24 pm
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Default Re: EAD Renewal Question - NYC

6. What are the legal consequences of continuing to work for an employer while waiting for a renewal EAD to be issued? I have applied for a renewal EAD while still awaiting processing of I-485 in New York City based on marriage to a U.S. Citizen. The current EAD expires in early December. After 90 days from filing (late November), I have the right to go to the BCIS to collect my interim EAD. Unfortunately, the New York District Office cannot handle such a process and only the first 100 people are allowed into the EAD office each day. I have a good job that I intend to keep for several years. Is there any harm to employee or employer if I continue to work while waiting for the BCIS to issue the renewal? (could be 2 months without official work authorization)

A: Yes! Employment after your EAD expiration but before interim EAD or actual EAD issuance is employment without authorization. This is illegal and potentially problematic for both you and your employer.
Oh well. It's either waiting, or praying for the mail.

Still, thanks for digging up the link, Rete.
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Old Nov 10th 2004, 3:03 pm
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Default Re: EAD Renewal Question - NYC

Originally Posted by nathan barley
Oh well. It's either waiting, or praying for the mail.

Still, thanks for digging up the link, Rete.
I just applied for renewed EAD and am going to print out the link that Rete provided and bring it along with my application receipt to my employer. Hopefully they will accept it.

I have searched BCIS web site trying to find any information on compliance with I-9 and couldn't find anything. I guess it's a gray area of law and depends on interpretation.

Good luck, Nathan! We'll probably have our interviews way before EAD cards...
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Old Nov 11th 2004, 1:09 pm
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Default Re: EAD Renewal Question - NYC

Originally Posted by Amadeus
I just applied for renewed EAD and am going to print out the link that Rete provided and bring it along with my application receipt to my employer. Hopefully they will accept it.

I have searched BCIS web site trying to find any information on compliance with I-9 and couldn't find anything. I guess it's a gray area of law and depends on interpretation.

Good luck, Nathan! We'll probably have our interviews way before EAD cards...

My employer was completely satisfied with a print out of the link that Rete provided and a print out of my receipt for electronically filed EAD renewal. So I guess I am safe for now.

Thank you very much, Rete!
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Old Nov 13th 2004, 2:54 pm
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Default Re: EAD Renewal Question - NYC

Originally Posted by Amadeus
My employer was completely satisfied with a print out of the link that Rete provided and a print out of my receipt for electronically filed EAD renewal. So I guess I am safe for now.

Thank you very much, Rete!
I'm going to play it safe, and go on leave until I get the card - the site I found directly conflicts with that information. There could be the risk with the INS, that if I continue to work beyond the current card's expiry date, that the new card won't immediately succeed the previous. Meaning there'll be an authorization gap, and I'll have worked for a number of days illegally, but unknowingly.

My V.P contacted some people at our HQ, and they called me yesterday. They are going to speak to one of the company's elected contacts, Carol Maloney(sp), a Congresswoman for manhattan, and also given me her info also. So atleast I have a name to push against now.
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