csf

Hi,

What is the current amount of time it takes to receive your EAD from time of application? I know it used to be around 90 days, but is that still the case?

Also, would obtaining an interim EAD enable me to keep working even if my H1-B visa has expired?

Thanks.

Noorah101

Hi csf,

A lot depends on when USCIS sets a biometrics appointment for you. Sometimes that is the part that takes a long time, lately. It seems they count the 90 days from the time you get your biometrics done. If you don't receive a biometrics appointment letter after 90 days, definitely go in person via Infopass. What they will do, most likely, is get your biometrics done right there (or send you right over to an ASC office) and then your EAD will come in the mail soon after that. If you HAVE done biometrics but still 90 days from applying have gone by, you can still go in person, but you will likely be told that your part is done, and to just wait for the EAD in the mail. I haven't heard of anyone getting an interim EAD for a while now.

But, if you DID happen to get an interim EAD, then yes, that is as good as having the EAD in hand as far as work authorization. I don't know how long they would issue an interim for, but hopefully long enough to receive the EAD in the mail within that time...if not, you'll need another interim one.

Best Wishes,
Rene

Elvira

Just wanted to add that when my son applied for his EAD I got him to ring up the 1-800 number immediately after submitting the online application and ask for a biometrics appointment - which they arranged on the spot. So his timeline was:

- Thursday: submit online application
- Friday: ring up to make biometrics appointment (plus mail in supporting documents - very important!)
- Saturday: biometrics done

But it still took 88 days to get the EAD...

Noorah101

Hi Elivira,

Was that back when each person made their own biometrics appointment, or was it after the new procedure was in place where USCIS makes the appointment for you?

Rene

Elvira

It was February of this year.

csf

Hi Elvira,

Thanks for the useful info. I'm a little confused though. I didn't realise you could file for the EAD online. Is that doable? As I am filing for the EAD simultaneously with my AOS application probably not. So, just to confirm, if I file for my EAD now, will I receive it by November? (when my H1-B expires

Thanks all!

Elvira

No, if you're filing for AOS it is probably best to send it all in together.

From what I'm hearing, EADs now often take up to 90 days to get. AFAIK you can ask for an interim EAD if you have not received it after 90 days. (I've heard though, that they count the 90 days from the day you have your biometrics done. If you are applying for AOS, they'll probably do it at the same time as the fingerprinting, so you should get a notice in the mail. In our case, thenotice arrived within a couple of weeks of submitting the application, and the appointment was for a week after that. So I guess you'd have to add about 21 days to the 90 days...)

Noorah101

Yes, as far as I know, you can file the EAD on line. When you mail in the backup, just make sure you include proof of filing the I-485.

Five months should be a good possibility for getting your EAD during that time. But there's also a smaller possibility that you won't.

Rene

Elvira

Proof of fililng the I-485 would be the NOA, right? So might it not make more sense to send everything together, because then the clock will start ticking straightaway and they can get the biometrics done with the fingerprinting?

csf

Yes, I think I will probably just send in everything together. So, just for my own peace of mind, once I send it in, what should I do next to ensure I maximize my chances of getting the EAD within 5 months?

Thanks.

Also, in a worst case scenario, if it were to take more than 5 months, would I be penalized for working with an expired h1-b for a month?

Elvira

Once you get your receipt, you can check your case status online - though it's not always updated very diligently.

Personally, if I had not received a fingerprinting/biometrics notice after, say, 3 weeks, I would call the misinformation line. Having said that, I don't really know what the usual time lines are. In our case, we never actually got a NOA/receipt, but we did get the fingerprinting/biometrics notices pretty quickly.

AFAIK, illegal working is usually forgiven for people who adjust status on the basis of marriage, but it's your decision - I would not want to advise on that one...

Anyway, I think EADs taking more than 5 months are surely the exception. You can ask for an interim EAD after 90 days.

Noorah101

When we filed our AOS package, we included a signed copy of the I-485 along with the I-765 application. We didn't e-file, but if cfs wants to e-file the EAD, I'd say include a copy of the I-485 along with the I-765 as backup that the I-485 has been (or is being) filed.

Since you have to send everything to the same place, anyway, I'd personally mail it all together and not e-file anything.

As Elvira said, too, working unauthorized is usually forgiven, but I don't feel comfortable advising anyone to do it.

If you don't get the biometrics appointment letter in about a month after receiving the NOAs, try calling the 800 number or making an Infopass appointment. As Elvira also said, you can track the status of your case on line, although it's not 100% (or probably even 75% LOL) reliable.

Rene

Knight

I've been reading this thread and looking at other EAD topics on this and other websites, and I am still having a little problem understanding some of the process.

People here mention 90+ days to recieve the EAD. Am I right in thinking that without this EAD you can't work? Your K1 Visa in of itself is no authorisation to get employement.

I saw it was possible to file for EAD under category (a)(6)
However this often takes more than 90 days. As it says this initial EAD cannot be renewed, do you have to wait until it expires to file for "main" EAD? Can you have two pending applications at one time? I am a little confused about this.

I just wanted to be sure in my mind of what was going to happen once the initial emmigration and the marriage takes place, and how long I have to wait before I can get back into a job and contribute to my new family again.

I appreciate any guidance or gentle prods in the right direction.

Oh, and this is my first post. I've read a fair bit here, and you guys are an invaluable resource. My fiancee and I thank you.

Noorah101

The K-1 visa holds a 90-day work authorization with it automatically. You are work authorized for 90 days upon entry to the USA. The hard part is proving this...only if you go through JFK POE can you get a temp EAD stamp in your passport to prove you have work authorization.

Once you marry and file AOS, you'll apply for your real EAD, which can take 90 days or more to receive.

Hope that helps...
Rene

Knight

Firstly, thanks very much for the prompt reply.

Now, does the POE comment mean that only JFK is authourised to issue this temporary EAD, or other international airports refuse to do so? I will be flying into Memphis ideally, but if JFK is required to make the first few months a little easier than I may have to rethink my travel itinerary.

Regards,
Adam