FlightRisk

When does the clock start, postmark of the package?, when they sign for it?, when they send you back a NOA and that has a date on it? And is it 90 days from that, or 91? And it doesn't say business days, so is it calendar days? Anyone know for SURE?

According to my calculations, if something was received on Feb 28, then 91 days would be May 30. But if you go with business days, it would be July 4!

-fr

Rete

It is the 91st day; not the 90th day. I was always under the impression it was either the date on the receipt if you were lucky enough to get one for the applications filed or the date your check was cashed. The mailing receipt, at least afaik, means nothing as the package could sit in the mailroom for a week or more before processing is started.

Rete

Guest

Whatta mess? The same is my concern. I haven't been lucky enough to
receive such notice . My mathematical skills have failed to calculate
anymore...



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http://www.geocities.com/golyrical/index.html

Posted via http://www.immigrationX.com

Trunk

Found it! took me 20 min to search thru INS website (see d)

link is:
http://www.immigration.gov/lpBin/lpe...lb-9812/slb-28
693/slb-29330?f=templates&fn=document-frame.htm#slb-8cfrsec274a13

Sec. 274a.13 Application for employment authorization.

(a) General. Aliens authorized to be employed under Sec. 274a.12(a)(3)-(8)
and (10)-(13) must file an Application for Employment Authorization (Form
I-765) in order to obtain documentation evidencing this fact. (Paragraph (a)
revised 1/4/95; 59 FR 62284) (Paragraph (a) revised 6/3/95; 60 FR 21973)



(1) Aliens who may apply for employment authorization under Sec. 274a.12(c)
of this part, except for those who may apply under Sec. 274a.12(c)(8), shall
file a Form I-765 with the director having jurisdiction over applicant's
residence, or the director having jurisdiction over the port of entry at
which the alien applies, or with such other Service office as the
Commissioner may designate. The approval of applications filed under Sec.
274a.12(c) of this part, except for Sec. 274a.12(c)(8), shall be within the
discretion of the director or such other officer as the Commissioner may
designate. Where economic necessity has been identified as a factor, the
alien must provide information regarding his or her assets, income, and
expenses in accordance with instructions on Form I-765.



(2) An initial Application for Employment Authorization (Form I-765) for
asylum applicants under 274a.12(c)(8) of this part shall be filed in
accordance with instructions on or attached to Form I-765 with the
appropriate Service Center or with such other Service office as the
Commissioner may designate. The applicant also must submit a copy of the
underlying application for asylum or withholding of deportation, together
with evidence that the application has been filed in accordance with Secs.
208.3 and 208.4 of this chapter. An application for an initial employment
authorization or for a renewal of employment authorization filed in relation
to a pending claim for asylum shall be adjudicated in accordance with Sec.
208.7 of this chapter. An application for renewal or replacement of
employment authorization submitted in relation to a pending claim for
asylum, as provided in Sec. 208.7 of this chapter, shall be filed, with fee
or application for waiver of such fee, in accordance with the instructions
on or attached to Form I-765 with the appropriate Service Center or with
such other Service office as the Commissioner may designate.



(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.



(c) Denial of application. If the application is denied, the applicant shall
be notified in writing of the decision and the reasons for the denial. There
shall be no appeal from the denial of the application.



(d) Interim employment authorization. The district director shall adjudicate
the application within 90 days from the date of receipt of the application
by the INS, except in the case of an initial application for employment
authorization under § 274a.12(c)(8), which is governed by paragraph (a)(2)
of this section, and § 274a.12(c)(9) in so far as it is governed by § §
245.13(j) and 245.15(n) of this chapter. Failure to complete the
adjudication within 90 days will result in the grant of an employment
authorization document for a period not to exceed 240 days. Such
authorization shall be subject to any conditions noted on the employment
authorization document. However, if the director adjudicates the application
prior to the expiration date of the interim employment authorization and
denies the individual's employment authorization application, the interim
employment authorization granted under this section shall automatically
terminate as of the date of the director's adjudication and denial. (Amended
7/1/94; 59 FR 33903) (Amended 1/4/95; 59 FR 62284) (Amended effective 6/22/9
8; 63 FR 27823) (Corrected 7/21/98; 63 FR 39121) (Amended effective 6/11/99;
64 FR 25756) (Amended 3/24/00; 65 FR 15835)







"Rete" wrote in message
news:[email protected]...
    > Originally posted by FlightRisk
    > > When does the clock start, postmark of the package?, when they sign
    > > for it?, when they send you back a NOA and that has a date on it? And
    > > is it 90 days from that, or 91? And it doesn't say business days, so
    > > is it calendar days? Anyone know for SURE?
    > >
    > > According to my calculations, if something was received on Feb 28,
    > > then 91 days would be May 30. But if you go with business days, it
    > > would be July 4!
    > >
    > > -fr
    > It is the 91st day; not the 90th day. I was always under the impression
    > it was either the date on the receipt if you were lucky enough to get
    > one for the applications filed or the date your check was cashed. The
    > mailing receipt, at least afaik, means nothing as the package could sit
    > in the mailroom for a week or more before processing is started.
    > Rete
    > --
    > Posted via http://britishexpats.com

Rete

Thanks but the question was and still is, what constitutes INS receipt of application? The date it arrives in the mail room? The date the receipt is sent? The date the checks are cashed?

They have 90 days to adjudicate the EAD application. So you can't go on the 90th day but the 91st day. We have seen countless people turned away and told to return tomorrow when they went on the 90th day.

Rete

Trunk

Rete, I read in some Immigration websites that they usually
count the 1st day, on the day NOA is sent, not the day they
received it or cashed the check.

For people who did not receive an NOA, I believe it is the
date INS received the application (as long as you can prove
they got it on certain date).

Though with my luck, it will probably be the date they cashed
the check

"Rete" wrote in message
news:[email protected]...
    > Thanks but the question was and still is, what constitutes INS receipt
    > of application? The date it arrives in the mail room? The date the
    > receipt is sent? The date the checks are cashed?
    > They have 90 days to adjudicate the EAD application. So you can't go on
    > the 90th day but the 91st day. We have seen countless people turned
    > away and told to return tomorrow when they went on the 90th day.
    > Rete
    > Originally posted by Trunk
    > > Found it! took me 20 min to search thru INS website (see d)
    > >
    > >
    > > (d) Interim employment authorization. The district director shall
    > > adjudicate
    > > the application within 90 days from the date of receipt of the
    > > application
    > > by the INS, except in the case of an initial application for
    > > employment
    > > authorization under § 274a.12(c)(8), which is governed by
    > > paragraph (a)(2)
    > > of this section, and § 274a.12(c)(9) in so far as it is
    > > governed by § §
    > > 245.13(j) and 245.15(n) of this chapter. Failure to complete the
    > > adjudication within 90 days will result in the grant of an employment
    > > authorization document for a period not to exceed 240 days. Such
    > > authorization shall be subject to any conditions noted on the
    > > employment
    > > authorization document. However, if the director adjudicates the
    > > application
    > > prior to the expiration date of the interim employment
    > > authorization and
    > > denies the individual's employment authorization application,
    > > the interim
    > > employment authorization granted under this section shall
    > > automatically
    > > terminate as of the date of the director's adjudication and denial.
    > > (Amended
    > > 7/1/94; 59 FR 33903) (Amended 1/4/95; 59 FR 62284) (Amended effective
    > > 6/22/9
    > > 8; 63 FR 27823) (Corrected 7/21/98; 63 FR 39121) (Amended effective
    > > 6/11/99;
    > > 64 FR 25756) (Amended 3/24/00; 65 FR 15835)
    > >
    > >
    > >
    > >
    > >
    > >
    > >
    > > "Rete" wrote in message
    > > news:[email protected]"]news:678021.104679655-
    > > [email protected][/url]...
    > > > Originally posted by FlightRisk
    > > > > When does the clock start, postmark of the package?, when they
    > > sign
    > > > > for it?, when they send you back a NOA and that has a date on
    > > it? And
    > > > > is it 90 days from that, or 91? And it doesn't say business
    > > days, so
    > > > > is it calendar days? Anyone know for SURE?
    > > > >
    > > > > According to my calculations, if something was received on Feb
    > > 28,
    > > > > then 91 days would be May 30. But if you go with business
    > > days, it
    > > > > would be July 4!
    > > > >
    > > > > -fr
    > > > It is the 91st day; not the 90th day. I was always under the
    > > impression
    > > > it was either the date on the receipt if you were lucky enough
    > > to get
    > > > one for the applications filed or the date your check was
    > > cashed. The
    > > > mailing receipt, at least afaik, means nothing as the package
    > > could sit
    > > > in the mailroom for a week or more before processing is
    > > started.
    > > > Rete
    > > > --
    > > Posted via http://britishexpats.com/"]http://britishexpats.-
    > com[/url]
    > --
    > Posted via http://britishexpats.com

FlightRisk

It's a good thing that in addition to law there are rulings that try to explain it in further detail. I've read the law too, thanks for copying it here. I read 'date of receipt' as the day they RECEIVED the package, but it could be the 'receipt date' as listed on the receipt they send you. Trying to use common sense, which doesn't often apply to government agencies, I would think that since they could wait 3 months to open your packet (though unlikely), that would defeat the purpose of the 90 day rule, which is to get you a work document with some time guarantee. It's not my fault they take so long to get to it, they have 90 days from the time they get it to complete the process. But it could be that notice on the receipt they send you.

I also never understood the part about "except in the case of an initial application for employment authorization under § 274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and § 274a.12(c)(9) in so far as it is governed by § § 245.13(j) and 245.15(n) of this chapter"

But IO think that applies to asylum seekers and something else so doesn't negate the 90 guarantee for people trying to get an EAD, initial application or not.

-fr

[QUOTE]Originally posted by Trunk
Found it! took me 20 min to search thru INS website (see d)

link is:
http://www.immigration.gov/lpBin/lpe...lb-9812/slb-28
693/slb-29330?f=templates&fn=document-frame.htm#slb-8cfrsec274a13

Rete

I would look at this way. If the package has not been opened, how can your timeline start from then? There is nothing in the system on you and rationally unless they "know" about you, you can't have set up a timeline. The receipt they send you and/or your cancelled check is proof of their "knowing" your existence and therefore the start of your timeline. But again, that is only my supposition.

Rete


[QUOTE]Originally posted by FlightRisk
It's a good thing that in addition to law there are rulings that try to explain it in further detail. I've read the law too, thanks for copying it here. I read 'date of receipt' as the day they RECEIVED the package, but it could be the 'receipt date' as listed on the receipt they send you. Trying to use common sense, which doesn't often apply to government agencies, I would think that since they could wait 3 months to open your packet (though unlikely), that would defeat the purpose of the 90 day rule, which is to get you a work document with some time guarantee. It's not my fault they take so long to get to it, they have 90 days from the time they get it to complete the process. But it could be that notice on the receipt they send you.

I also never understood the part about "except in the case of an initial application for employment authorization under § 274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and § 274a.12(c)(9) in so far as it is governed by § § 245.13(j) and 245.15(n) of this chapter"

But IO think that applies to asylum seekers and something else so doesn't negate the 90 guarantee for people trying to get an EAD, initial application or not.

-fr

Trunk

Then we can make it a rule:

1) if your check was not cashed. Call INS, 90 day
not started

2) if your check was cashed, 90 day started either on
a) the day they received the pkg.
or
b) the day they started working on it (date of NOA if rcvd)
or
c) date they cashed the check

since 2c > 2b (it takes time to cash the check, usually
takes 10 business days to send the check and cash it)
then it should be safe to call the day 1 as the date 2c
(when check got cashed) minus 10 business days or
5 if it was a MO

All this would be avoided if they sent an NOA... but
if you do have the NOA, it is most likely 2b.


"Rete" wrote in message
news:[email protected]...
    > I would look at this way. If the package has not been opened, how can
    > your timeline start from then? There is nothing in the system on you
    > and rationally unless they "know" about you, you can't have set up a
    > timeline. The receipt they send you and/or your cancelled check is
    > proof of their "knowing" your existence and therefore the start of your
    > timeline. But again, that is only my supposition.
    > Rete
    > Originally posted by FlightRisk
    > > It's a good thing that in addition to law there are rulings that try
    > > to explain it in further detail. I've read the law too, thanks for
    > > copying it here. I read 'date of receipt' as the day they RECEIVED
    > > the package, but it could be the 'receipt date' as listed on the
    > > receipt they send you. Trying to use common sense, which doesn't
    > > often apply to government agencies, I would think that since they
    > > could wait 3 months to open your packet (though unlikely), that would
    > > defeat the purpose of the 90 day rule, which is to get you a work
    > > document with some time guarantee. It's not my fault they take so
    > > long to get to it, they have 90 days from the time they get it to
    > > complete the process. But it could be that notice on the receipt they
    > > send you.
    > >
    > > I also never understood the part about "except in the case of an
    > > initial application for employment authorization under §
    > > 274a.12(c)(8), which is governed by paragraph (a)(2) of this section,
    > > and § 274a.12(c)(9) in so far as it is governed by § § 245.13(j) and
    > > 245.15(n) of this chapter"
    > >
    > > But IO think that applies to asylum seekers and something else so
    > > doesn't negate the 90 guarantee for people trying to get an EAD,
    > > initial application or not.
    > >
    > > -fr
    > >
    > Originally posted by Trunk
    > > Found it! took me 20 min to search thru INS website (see d)
    > >
    > > link is:
    > > http://www.immigration.gov/lpBin/lpe.../slb/slb-1/sl-
    > > b-9812/slb-28"]http://www.immigration.gov/lpBin/lpext.dll/inserts/slb-
    > > /slb-1/slb-9812/slb-28[/url]
    > 693/slb-29330?f=templates&fn=document-frame.htm#slb-8cfrsec274a13
    > --
    > Posted via http://britishexpats.com

Guest

So is it 9x business days or 9x days including weekends and holidays?



--
attestedspark
http://www.geocities.com/golyrical/index.html

Posted via http://www.immigrationX.com

Guest

Hi there, While surfing through same all immigration sites, I came
across something. May be most of you have already read that, but
I'll post it anyway. It might help us solve the 90 day puzzle for
interim EAD.

Here's Robert $ Jewel's experience :

"We were advised that Charlotte no longer accepts walk in fillings, so
we mailed our I-485, I-130, I-765, I-131, I-694, I-864 & G-325 from our
local post office here in Hickory NC on June 19/02. I also paid for
Postal Service Signature Confirmation Request/Priority Mail. The cost
for this service along with the postage was $5.25. The next afternoon I
called the post office and was faxed confirmation that my package was
signed for at 11:50 AM on June 20/02.

On July 26/02 I received confirmation from the INS that my package was
received. The letter gave me my A# and a INS receipt dated July 08/02,
which they state is the filing date...."

Source : http://www.kamya.com/aos/ncarolina.html#charlotte

If this is true, how can we calculate 90 or 91 days when we do not
receive notice of any kind? As in Robert & Jewel's case the receipt was
dated July 08, 2002 which makes 19 days after they mailed in the
applications.



--
attestedspark
http://www.geocities.com/golyrical/index.html

Posted via http://www.immigrationX.com

Trunk

At this point, I don't know. Also that was an AOS application and
can take a bit longer to process. I'd say worst case scenario you go
to the local INS and get refused entrance, and get told to come back
in x days.

It is a hassle, but what can we do... like my H1b immigration lawyer
told me couple years ago, the INS is the dark maze when no ones
knows anything about and anything could happen at anytime, they
don't follow rules, laws, though you do have to follow the rules.

I am still planning to go there next week (95th day), I'll post here
the result.

"guest" wrote in message
news:[email protected]...
    > Hi there, While surfing through same all immigration sites, I came
    > across something. May be most of you have already read that, but
    > I'll post it anyway. It might help us solve the 90 day puzzle for
    > interim EAD.
    > Here's Robert $ Jewel's experience :
    > "We were advised that Charlotte no longer accepts walk in fillings, so
    > we mailed our I-485, I-130, I-765, I-131, I-694, I-864 & G-325 from our
    > local post office here in Hickory NC on June 19/02. I also paid for
    > Postal Service Signature Confirmation Request/Priority Mail. The cost
    > for this service along with the postage was $5.25. The next afternoon I
    > called the post office and was faxed confirmation that my package was
    > signed for at 11:50 AM on June 20/02.
    > On July 26/02 I received confirmation from the INS that my package was
    > received. The letter gave me my A# and a INS receipt dated July 08/02,
    > which they state is the filing date...."
    > Source : http://www.kamya.com/aos/ncarolina.html#charlotte
    > If this is true, how can we calculate 90 or 91 days when we do not
    > receive notice of any kind? As in Robert & Jewel's case the receipt was
    > dated July 08, 2002 which makes 19 days after they mailed in the
    > applications.
    > --
    > attestedspark
    > http://www.geocities.com/golyrical/index.html
    > Posted via http://www.immigrationX.com

Guest

Good Luck Trunk. Hope your visit is fruitful. Which BCIS office you're
dealing with, if I may ask?



--
attestedspark
http://www.geocities.com/golyrical/index.html

Posted via http://www.immigrationX.com

Trunk

Chicago.

"guest" wrote in message
news:[email protected]...
    > Good Luck Trunk. Hope your visit is fruitful. Which BCIS office you're
    > dealing with, if I may ask?
    > --
    > attestedspark
    > http://www.geocities.com/golyrical/index.html
    > Posted via http://www.immigrationX.com