MSC *EAD* Roll Call
 

Hey everyone :)

I thought this would be a good way to know how long we've all been waiting for our EAD's.

My husband's I-765 was only mailed out on April 10th. No receipt notice yet!

How far has everyone else come along? :)

Re: MSC *EAD* Roll Call
 

Our timeline below...
Looks like we're in the same boat!

WOW yeah we are :) I'm glad :) We'll be good support for each other.

Do all K3 applicants have to apply for an EAD to chicago ? I live in Tampa FL .
Thanks.

Hi guys:


Well this is my timeline:

We mailed the I-765 for the EAD to the Chicago address on 4/7/03 and still NO I-797 from them!!! Should I be getting nervous =-( ... this all seems way too familiar !!!

We mailed everything certified and returned receipt mail, no confirmation yet! I really hate all this stress. Good luck to you all, and lets keep eachother updated on our progress.

Xiomi...

How did your husband get his license so quickly? I know requirements vary by state, but just curious, what documents did he show at the DMV?

~Claudia

Just checked mailing status on the USPS website and it says my documents arrived in Chicago at 2:18am on 4-12-03. I guess this means just the postoffice, not the exact destination. I'll check again tomorrow.

~Claudia

I don't know IF you have to apply to Chicago as a K3, don't think so, BUT it sure seems faster than many of the District offices. Besides I think that's all they do in that one dept in Chicago as opposed to the offices elsewhere that have to handle all sorts of things.

I believe that as per the instructions on the form, all K3 applicants must apply via Chicago. Unless you're doing it simultaneously with AOS, in which case it would be at your local BCIS office. But I'm still not clear (someone answer me, please!!) as to whether a K3 can file for AOS if their I-130 has not yet been approved (ie: received the 2nd NOA).
My timelines for EAD via MSC is as follows:
Sent I-765 to Chicago - March 25
1st NOA dated March 28
1st NOA received April 2
Fingerprinting April 4
Waiting for 2nd NOA!

I believe you can go ahead and apply for AOS. I sure hope so 'cuz TSC has now upped the processing timeframe to 999 days for 130s......

I thought so too, until I spoke to an immigration lawyer who told me that K3 people don't have the grounds to do so. It's true - if you look at the I-485 form, there is no mention of K3. It just mentions those who have a 2nd NOA for I-130 in hand.
However, I've heard of K3 people doing the AOS thing without an I-797 showing approval of the I-130. I just don't know how one would go about doing so (refile I-130?)....I'll be keeping my eyes open, and I guess I'll go and check in the archives one day!

We received the return receipt for the delivery of our I-765 today. The stamp on it says it was signed for on April 13th. Also, just checked my bank account and the $120 have been withdrawn! WOOOHOOO! Come on NOA1!!!

I'm sure there's a Federal Register Posting that says that K-3/K-4 er's don't need an I-130 approval to file I-485... just the receipt ( 1st NOA). Give me time and I'll find it - unless someone else can remember it ' off the top of their head' ?

I think that attorney was wrong ( unless they advised you before the posting came out)....

Federal Register: August 14, 2001
(Volume 66, Number 157)] [Rules and Regulations]
[Page 42587-42595]
From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr14au01-1]


IV. Adjusting Status From K-3/K-4 to Permanent Resident

As previously stated, the Service expects most K-3/K-4 aliens to quickly file for adjustment of status following admission to the United States. Those admitted as K-3/K-4 aliens do not have to wait for a visa number to become current and may apply for adjustment at any time following the filing of the Form I-130 petition (or both may be filed concurrently for the K-4). This section therefore explains some of the issues relating to adjustment from K-3/K-4 status to permanent resident status.

You can find it :-

http://frwebgate6.access.gpo.gov/cgi...ction=retrieve

And :-

http://k1.exit.com/fedreg.html

Thanks Lairdside, you have started my day off right, :)

Bless your dear heart! That is such a weight off my shoulders!!
It was thoughtful of you to go and look that up. I'm not surprised that so far most attorneys have continued to give misinformation as far as K3. It's very hard to know who to trust unless there is hard evidence in front of your eyes (ie: the Official Federal Register). I feel so lucky to have found the answers to so many questions in this forum.

My final concern is that I would love to file at the Boston office - because the EAD is same day. I will actually be living in Rhode Island though. I know that the Providence office is only a sub-office of the Boston one, but can I just go to Boston and file? How can I find this out? I haven't yet found contact numbers where I can speak to a human being at a BCIS office.

I was given the wrong information by the INS national service center. I called several times about this and they told me that you must have your I-130 approval before filing for adjustment of status or your application will be returned. Had I known about this, my hubby could have gotten his EAD within 30 days because we could've filed both the EAD and AOS at the St. Louis office. By listening to and following the directions of the INS, we have lost valuable time. We might as wait until the I-130 is approved now. The website says between 250-280 days and we will be at the 250 mark on 22nd of this month. I am concerned because the Nebraska service center has been processing applications received 5/21/03 for the last 2 months. The date has not changed. I am wondering if they are going to bump up the processing days AGAIN!!! My timelines are below.

I know - it just plain sucks. I have been SO misinformed SO many times by SO many different people. Ironically, I have received the most accurate information by calling the officers at the POE through which I usually go (easy to do because I'm in Canada).
Grrr.
I have a feeling, though, that NSC is going to be upping our estimate of 250-280 days. I would be shocked if it came through in that time. Maybe you should consider doing the AOS - especially since you'll have to do it anyway at some point.

Here is info for you and interesting info on other EAD processing offices:
As reprinted from an AILA lawyer website:
April 8, 2003
BCIS Field Office Handling of Interim EADs - A Survey of Interim EAD Practices

The Service Centers generally are taking more than 90 days to issue the work authorization card. Most districts are cooperative with issuing interim Employment Authorization Documents as long as the I-765 application has not been approved. However, if the I-765 application has been approved, but the EAD not produced, some district offices (for example, Los Angeles) will not issue the interim authorization.

ARLINGTON, VA
The applicant must go to the office on a Wednesday after 2 pm, then get a notice on the spot to come back about two - three weeks later for the EAD.

ATLANTA, GA
Issuing EADs on the 91st day.

BALTIMORE, MD
An applicant can go to the office any day after the 90th day with proof of filing, but must wait until the BCIS notice in the mail to go back on the day of your appointment, which will be about two - three weeks later.

BLOOMINGTON, MN
Interim EADs are issued on day 91 unless it is a one-step family petition or based on an application in removal, then it is same day issuance.

BOSTON, MA
Will do same-day EAD issuance on the 91st day with the receipt from the Service Center (unless your client happens to run into an officer who's never heard of such a thing; then he should ask for a supervisor).

CHARLOTTE, NC
This office will issue EADs for I-765s pending over 90 days. Issuance should be the same day you appear at the office. They will not issue advance parole documents, however, without the A file.

CHICAGO, IL
The Chicago District Office will issue an interim EAD on the 91st day with an I-765 receipt notice. Interim EADs used to be issued for twelve months, but the Chicago office is now only issuing them for three months.

DALLAS, TX
After 90 days, you can go to district office for an EAD. However, in some instances, that office has indicated that it must have the file in order to issue an EAD

DENVER, CO
Employment-based EADs are issued if the application has been pending at the Service Center for more than 90 days.

EL PASO, TX
After 90 days, you can go to district office for an EAD. However, in some instances, that office has indicated that it must have the file in order to issue an EAD.

HARTFORD, CT
This office continues to issue EADs on Service Center cases that are over 90 days old as long as there is not a hold on the file (for I-140 processing). The procedure is to appear in person in Hartford, CT with the original receipt notice for the I-765. The individual is given an appointment to come back to pick up the EAD, usually within one week.

HONOLULU, HI
Issues EADs on the 91st day.

HOUSTON, TX
After 90 days, you can go to district office for an EAD.

INDIANAPOLIS, IN
Indianapolis just changed their policy without a grace period to no longer permit EAD and AP processing for employment-based adjustments. They will handle EADs on the 91st day on a same day basis, however.

LOS ANGELES, CA
Interim EADs issued on the 91st day from the I-765 receipt date at the Service Center.

MIAMI, FL
EADs are being issued on the 91st day regardless of place of filing (TSC or District). It is requisite in Miami to get there early: some persons who have arrived after 7 am have been denied processing that day. This has been more of a problem since Special Registration began, but nonethless EADs generally are processed after the 90th day.

NEWARK & CHERRY HILL, NJ
Will issue an EAD in accordance with Sec. 274a.13(d). Sometimes, applicants showing up after 90 days are sometimes turned away. This is usually due to sporadic staffing shortages or workload spikes and appears to occur more frequently in Cherry Hill. Though appointments may then be given for wildly varying additional waiting periods, applicants who appear on their own once again in the meantime usually find success.

NEW YORK, NY
In theory, New York permits "walk-ins" after 90 days (provided that the applicant can show proof of filing). owever, New York restricts the number of "walk-in" applicants that it serves on a daily basis. [In addition to
Vermont Service Center EAD filings going beyond the 90th day, New York's own EAD calendar (for I-485's filings with the District) is at the 120+ day mark.] Applicants line up at New York's federal building in the early a.m. hours---hoping to be one of the few "walk-ins" served that morning. However, there is no orderly process to issue EADs to "walk-ins" in New York. Most applicants are, in fact, shut out, and not issued an EAD. Even many applicants who wait all night long have been shut out of this process. New York claims they cannot be in compliance with the regulation on account of staffing issues, diversion of staff resources to NSEERS, and building code (fire marshal) issues.

OMAHA, NE
Will issue an EAD the same day with the receipt showing that the I-765 has been pending 91 days or more.

PHOENIX, AZ
Take receipt notice and duplicate I-765 to BCIS at 2035 North Central. State individual is there to get EAD appointment, first available. Obtain from Info Officer (inside, window one) an appointment notice for issuance of EAD. Might be same day, depends. It will be an interim 180 day permit.

PORTLAND, OR
Will also EADs the same day after 90 days with receipt notice.

SALT LAKE CITY, UT
Employment-based EADs are issued if the application has been pending at the Service Center for more than 90 days, but if an RFE has been issued on the I-765 from the service center, the 90 days start again.

SAN ANTONIO, TX
After 90 days, you can go to district office for an EAD. However, in some instances, that office has indicated that it must have the file in order to issue an EAD

SAN DIEGO, CA
Interim EADS are being issued at the San Diego District Office and the Chula Vista Customer Service Center on the 91st day. Same day processing is available. Please note that the downtown San Diego District Office only issues EADs on Wednesdays. EADs are issued Mondays, Tuesdays, Thursdays and
Fridays at the Chula Vista office.

SAN FRANCISCO, CA
Interim EADs are being issued at San Francisco BCIS District Office on the 91st day. Same day processing

SAN JOSE, CA
San Jose BCIS/INS will issue interim EADs on the 91st day from the I-765 receipt date from the Service Center.

SEATTLE, WA
Usually gives EADS on the 91st day, but depending on work load may require person to come back at future date.

ST. LOUIS, MO
This office is not issuing EADs on any Service Center case regardless of length of time.

TAMPA, FL
Will process EB-EADs pending at TSC for more than 90 days, but, since it is now by an appointment system, and it is taking one month to get an appointment, it still is taking a long time

WEST PALM BEACH, FL
EADs are being issued on the 91st day.

-Courtesy AILA

Re: MSC *EAD* Roll Call
 

what about Nashville and Memphis offices
my husband went to Nashville for his ead card
on April 2nd

Claudia - Oscar filled out an affidavit in order to excuse the abcense of a social security card. Everything went smoothly. In Texas, you do no need an SS# to get a DL. Hope this helps.

Xiomi

FINALLY !!!! Yes I am so happy, my husband received his I-797 (1st NOA) for the EAD application today. I was getting really worried! We called the number indicated on the I-797 and he has the Biometrics appointment tomorrow!!!

I'll post the experiece tomorrow, good luck to everyone.

~Claudia

Hi! We filed my husband's EAD and AOS on Feb. 26th, thinking that we didn't have to wait for approval. However, Detroit sent his EAD to Chicago and we wasted 6 weeks. :( I read the Federal Register (following the links in this thread) and it DOES say we have to wait for approval.

i) Adjustment of status from K-3/K-4 status. An alien admitted to the United States as a K-3 under section 101(a)(15)(K)(ii) of the Act may apply for adjustment of status to that of a permanent resident pursuant to section 245 of the Act at any time following the approval of the Form I-130 petition filed on the alien's behalf, by the same citizen who petitioned for the alien's K-3 status.

We're VERY bummed.

Ayisha

It doesn't actually say that you have to wait for approval.

It says that you can AOS at anytime following approval - it doesn't specifically state that you can't apply before this. There's a difference IMHO.

The quote is part of an amendment to INA 245.
The same federal register posting earlier on does specifically state that K-3/K-4 holders can file I-145 after FILING I-130 - not approval.

Argh!!!
I'm so frustrated by everything so far! I feel fairly anxous about getting this @%#* EAD because I have a job starting for the last week of June and desperately need to be able to work!
The attorney I had mentioned earlier just wrote back to me (I had sent him a copy of the Official Federal Register that lairdslide had posted) and he e-mailed me the newer version mentioned above.
Anyway.
Does anyone know about the 90 day rule? Does this apply if your EAD has been approved within 90 days, but it is the 91st day and you still haven't received the actual card?

Do you have the details of the FRP that the attorney sent so that I could look it up ? The "newer posting" isn't - it's a part of the same posting that details the amendments to the INA. I know that they change these darned things all the time. I'd be interested to read anything new :)

I believe it's 90 days from the date on your receipt - which is not *necessarily* the day you applied. I'm sorry I have no idea as to whether you can get an interim EAD after approval but before receipt of the card - I'd imagine not but if anyone knows different it would be very welcome !

(i) Adjustment of status from K-3/K-4 status. An alien admitted to
the United States as a K-3 under section 101(a)(15)(K)(ii) of the Act
may apply for adjustment of status to that of a permanent resident
pursuant to section 245 of the Act at any time following the approval
of the Form I-130 petition filed on the alien's behalf, by the same
citizen who petitioned for the alien's K-3 status. An alien admitted to
the United States as a K-4 under section 101(a)(15)(K)(iii) of the Act
may apply for adjustment of status to that of permanent residence
pursuant to section 245 of the Act at any time following the approval
of the Form I-130 petition filed on the alien's behalf, by the same
citizen who petitioned for the alien's parent's K-3 status. Upon
approval of the application, the director shall record his or her
lawful admission for permanent residence in accordance with that
section and subject to the conditions prescribed in section 216 of the
Act. An alien admitted to the U.S. as a K-3/K-4 alien may not adjust to
that of permanent resident status in any way other than as a spouse or
child of the U.S. citizen who originally filed the petition for that
alien's K-3/K-4 status.

Ok - that's the full paragraph quoted previously.
The requirements for extending a K-3/K-4 visa would *appear* to indicate that the I-130 would have to approved before an I-485 could be filed. As having an I-130 which is still being processed is a ground accepted for extension of a K-3/K-4 visa.
However, it seems to get worse. Please note the following :-

An alien admitted to
the United States as a K-4 under section 101(a)(15)(K)(iii) of the Act
may apply for adjustment of status to that of permanent residence
pursuant to section 245 of the Act at any time following the approval
of the Form I-130 petition filed on the alien's behalf, by the same
citizen who petitioned for the alien's parent's K-3 status

It doesn't specify that this only applies to K-4 visa applicants with an underlying I-130 petition at the time of entry to the US. As K-4 receipients do not have to have their visa based on an I-130 as they are a derivative of the K-3 they would surely having legally entered the US be able to concurrently file I-130/I-485 at the local office ( if they did not have an I-130 previously filed for them) ?

I'll keep looking.. so far it's all becoming more instead of less ambiguous....

And I still am unsure as to how the previously quoted paragraph ( from the same FRP) equates with the following :-

IV. Adjusting Status From K-3/K-4 to Permanent Resident
As previously stated, the Service expects most K-3/K-4 aliens to
quickly file for adjustment of status following admission to the United States. Those admitted as K-3/K-4 aliens do not have to wait for a visa number to become current and may apply for adjustment at any time following the filing of the Form I-130 petition (or both may be filed concurrently for the K-4). This section therefore explains some of the issues relating to adjustment from K-3/K-4 status to permanent resident status.

I'm officially confused.....one says K-4's have to wait for I-130 approval to file I-485 (if you take the interpretation that saying that they can file after approval precludes filing before approval). The other says they can concurrently file, at which time an I-130 obviously has not been approved. The same with K-3's, one says you can file I-485 at anytime after filing I-130, the other says you can file any time after approval (again the if the same interpretation applies there appears to be a conflict).

All of these paragraphs are from the same FRP as far as I am aware. Anyone got the final rule? Has it been issued yet ? August 2001 was a while ago afterall but I haven't ben able to find anything more recent as yet.

This may serve to further confuse you, but Mr F, one of our esteemed professionals here, mentioned in a thread a little while back that there was nothing to stop you for filing for a "new" 130, CONCURRENTLY with AOS. I'm guessing he meant at the local level. Believe me with TSC now taking up to almost 3 years to process 130s this is something I have more than a passing interest in.......

Just to keep everyone updated...

My husband and I just got back from the BCIS ASC (Application Support Center), he got his picture and print taken. We were in and out in just about half an hour !!!

The I-797 we received from MSC for the EAD application was stamped on the back with today's date.

I guess all that is left to do is wait for the darn card! How long have others waited after fingerprinting? Good luck everyone.

~Claudia

got 1st NOA for EAD too!!!
 

Hi everyone -

We got our first NOA from Chicago for the EAD. Our fingerprint appt. is next week. Good luck!

Xiomi

Congrats Claudia.

The attorney with whom I've been speaking sent me exactly what you posted above, lairdslide. I take it to mean that you must have approval of I-130 before applying for AOS.
He did point out that you can refile your I-130 at your local BCIS with a concurrent I-485.
This is all a moot point for me now, though. I had been hoping to somehow finagle my way into filing in Boston, but it looks like I have to file in Providence (it apparently is notoriously slow for EAD).

If you've already filed a I-130 and are waiting for the approval of that, what happens when you file it again with the AOS??

Does the new one now override the first one and you have to wait the full time again???

So confused...

I tried filing a new I-130 concurrently with I-485 for my daughter at the local office back in December. She isn't on a K-4 visa though and I thought that this was probably the problem - although it seems that perhaps it didn't make a difference.
The local office said that as she has an I-130 currently filed at the CSC that they couldn't accept another unless the one there was withdrawn and I had a letter from the CSC showing the withdrawal due to the rules on duplicative filing.
I either had to get this or an approval on the pending I-130 before I could file I-485 with them.

Ahh ok...so in that case looking at the latest information available, it would seem that I can't apply for AOS until the I-130 is approved. Correct?

What about just EAD so that I can get the SSN for my wife and other things??

We got my husband's 1st NOA yesterday and he called right away to get his biometrics appointment. He called and they gave it to him for 9am this morning. So, we got there at 8:15am to beat the crowds. What crowds? We were there for a maximum of 15 minutes and we were out!!!! He got a stamp on his NOA saying he had had them done, and that's it!!!!

I'm so glad it was so painless. I had taken a bunch of books and notebooks because I'm in the middle of finals for this semester. I really was expecting it to take the whole day!!!

I'm looking forward to us having normal lives and Martin being able to work. Most of all I'm looking forward to moving out to our own place (once we have enough money.) We live with my parents because I only work part-time. I'm just so excited that it's all so close now!!!!

Claudia- That's great that your husband's appointment was painless too!!!

Xiomi- I'm happy that you got your 1st NOA! We're on the right track!


:)
Dailyn

Cypher:

You can file the I-765 for the EAD on a K3 Visa, that is what Dailyn, Xiomi and I are doing for our husbands! Just mail the application to the Chicago address indicated.

~Claudia

Gawd knows, the regulations *appear* to be ambiguous. In practise it seems that most of us are having to wait until the I-130 is approved. Whether or not this is due to a hard and fast rule or a common interpretation of the rules by the BCIS I do not know.

My husband also applied for the EAD at the Chicago office. Timelines are below