Girlcanada

We are getting married tomorrow and will be filing the AOS papers shortly thereafter.
I received the temporary EAD entitled to me as a K-1. It expires Jan
17/2002. I have found employment and start in Jan 2002.

I am filing in the Philadelphia office. Their website reads "During your visit, you
may also file an Application for Employment Authorization (Form I-765); INS
Philadelphia will adjudicate it immediately. If it's approved, you may receive your
employment authorization document (EAD) the same day.

In preparing the I-765 EAD, Q 11 asks "Have you ever before applied for employment
authorization from INS? If yes, which office. Results Granted or denied attach all
documentation."

My questions are:
18) Do I answer yes to Q 11 and attach a copy of my temp EAD? I couldn't find
anything specific to this anywhere. But I'm assuming YES.
19) When I apply for the 1 yr EAD, do they take my temp EAD even though it won't be
expired yet? If I receive my new EAD the same day, yes they will take my old one,
but what if I'm waiting for the new one? Is the temp one still valid and I can
use it until I receive the 1 yr card?

Just covering my bases before I start work in Jan and want to be sure I can work
without delay. Thanks for your help,
--
Vermont Service Center Aug 24/01 I-129F Petition Couriered Aug 30/01 Notice of Action
Dated Sep 12/01 Notice of Approval Dated Sep 26/01 Medical appointment Oct 04/01
Interview (Vancouver) - SUCCESS! Oct 19/01 US POE (Sweetgrass, MT) Dec 11/01 Getting
Married Jim (USC) & Michelle (Alberta, Canada)

Rete

You answer no to question 11.

(You have never applied for an EAD before. You applied for a K-1 and one of the benefits was a 90 day EAD.)

You are using Philly and even they are upfront about the fact that you will walk out with an one year EAD card. They may not take the temporary ead card from you. And if they do, it will only be if they are issuing you a new one the same day. The new one will be effective from the date it is given you and will last for one year or until you AOS which being Philly will be around May/June 2002

Rita

Girlcanada

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Now THAT makes sense. Too bad they don't include that anywhere on the forms.

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Thanks. I was just worried they would/could take the temp EAD when I filed, but
before I receive the 1 yr EAD. Thanks again Rita

jeffreyhy

Girl,

Do they really need to include that on the forms? You or your fiance filed all the prior forms, applications, and petitions - didn't you? Were any of them an application for an EAD?

Regards, JEff

[QUOTE]Originally posted by Girlcanada
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Now THAT makes sense. Too bad they don't include that anywhere on the forms.

Memerson

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Yes, an application for a temporary EAD. That's why I was confused. But Rete's
response cleared it up for me
[usenetquote2]> > (You have never applied for an EAD before. You applied for a K-1 and one of the[/usenetquote2]
[usenetquote2]> > benefits was a 90 day EAD.)[/usenetquote2]

Memerson

[usenetquote2]> > 2) When I apply for the 1 yr EAD, do they take my temp EAD even though[/usenetquote2]
it
[usenetquote2]> > won't be expired yet? If I receive my new EAD the same day, yes they[/usenetquote2]
will
[usenetquote2]> > take my old one, but what if I'm waiting for the new one? Is the temp[/usenetquote2]
one
[usenetquote2]> > still valid and I can use it until I receive the 1 yr card?[/usenetquote2]
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Just returned from Philadelphia INS today. They reviewed my 485 and all supporting
documents and then completed their 'checklist' of stuff I must provide. This seemed
to go pretty well, had everything in order.

EAD - this is the bad part. They would NOT give me anything today. I asked when, and
the information officer replied that I would receive a letter in the mail within 4-6
weeks and then I would have to come in and pick it up.

That part was a shock to me because when I was in getting my 90 day EAD, they were
processing them within 7 days. Huge jump in timeframe from Oct until Dec. The really
bad part is I have finally found suitable employment, and would be starting in mid
Jan or so. And from what I understand (if my interpretation is correct), I have to
stop working in between the expiration (Jan 17) of my 90 day EAD and the receipt of
my new 1 year EAD. Is the receipt from INS good enough to continue work
uninterrupted? I would hate to finally find a great job and have to turn it down
because of INS?

ps - when I picked up the AOS forms from the Philly office, a cover letter was
attached stating that a letter would also be sent out and an interview
scheduled within 4-6 months from date of filing. Of course the 'form' letter
had a print date of 03/98, but one can hope. I'll let you know what happens
with this one as well.

Memerson

Forgot to mention that Phila INS *does* require IRS form 9003 to be submitted with
I-485. I have seen a couple posts indicating this form is not required at other INS
offices, but Phila does ask for it!

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asked
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starting
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stop
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1
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would
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03/98,
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Memerson

Here's an update:

- Filed AOS & EAD on December 27, 2001 in person at Phila INS office.
- I was told then it would be 4-6 weeks and I would receive a letter(s) telling me my
fingerprinting date, date to pick up 1 yr EAD and interview date
- when I picked up the AOS forms from the Philly office, a cover letter was attached
stating that a letter would also be sent out and an interview scheduled within 4-6
months from date of filing

Today I received in the mail what appears to be a form letter from INS that reads:
"Case Type: Application for Permanent Residence, Form I-485 Notice of Receipt of an
Application for Permanent Residence The application for permanent residence you filed
has been received by the office listed below for processing. Once all processing and
background checks have been completed, you will be scheduled for an interview to
discuss your application. The normal processing time for this type of application is
**10** months. Please do not contact this office unless you have not received a
notice of interview by October 31, 2002. You will be notified separately about any
other cases filed."

Hope this means my EAD is also coming soon......

Rete

Sorry to hear that news about Philly. It was one of the nicer and quicker INS offices for people to deal with. Although the timeframe for both the EAD and the AOS interview are still within what can be considered a reasonable time length, it is disappointing to know that you can no longer go in and walk out with your one year EAD. Wonder what is happening in Pennsylvania to cause such a turn around in procedure.

Rita

Memerson

**December 27, 2001 Filed AOS & EAD in person at Phila INS office. I was told then it
would be 4-6 weeks and I would receive a letter(s) for my fingerprinting date, date
to pick up 1 yr EAD and AOS interview date.

**January 8th, 2002 Today I received in the mail what appears to be a form letter
from INS that reads: "Case Type: Application for Permanent Residence, Form I-485
Notice of Receipt of an Application for Permanent Residence the application for
permanent residence you filed has been received by the office listed below for
processing. Once all processing and background checks have been completed, you will
be scheduled for an interview to discuss your application. The normal processing time
for this type of application is **10** months. Please do not contact this office
unless you have not received a notice of interview by October 31, 2002. You will be
notified separately about any other cases filed."

**February 16, 2002 Today I finally received a letter that has an appointment date to
pickup my 1 year EAD on March 4, 2002. I've seen timelines for Phila INS processing
of EAD's as 1-2 days, but in actuality, it will have taken almost 10 weeks from
filing to pickup date.

Have yet to receive any letter in regards to a date for fingerprinting.

YEAH!