backlog at Seattle INS prevents EAD
Dec 7th 2001, 12:18 pm
#1
Guest
Posts: n/a
Jon entered the US on September 23 on a K-1 via SeaTac airport, and received a
temporary EAD stamp, which expires December 23. He already had a job offer, as he had
worked for the same company in the UK (Amazon.com). We got his Social Security card
within the first week of arriving and he started work on September 27. We got married
on October 13, and after our honeymoon filed for AOS by turning in the paperwork in
person on October 26 at the Seattle INS office. We did this in hopes that an officer
would check over the paperwork with us, but no such luck. They simply took our
paperwork and (at their suggestion) one check for the whole package. At least we got
a proof of service memo. On November 27, after verifying that the check had still not
been cashed, I emailed the Seattle office (which actually is unpublished and is a
private officer's account). There is no published telephone number anywhere that I
can find. I had been checking kamya.com and immigration.com to see what the average
processing times were for Seattle for AP and EAD, and both indicated under 30 days,
which got me worried. I explained that the EAD was of primary importance as Jon is
already employed, and we do not want to defraud his employer. They emailed back over
a week later saying they are required by law to process forms in order received and
that they are currently working on end of September. We should email back in two
weeks to see where they were. After checking on Doc Steen's site I found a law saying
INS has to provide a temporary EAD form if they have not processed the EAD
application 90 days after submitting the form. In our case that would be January 27,
2002. That leaves us with a gap from December 24 to January 27 where he will not be
eligible to work unless Seattle INS gets to the EAD application in that timeframe.
Can anyone think of a way around the problem? Amazon lawyers say he has to take a
leave of absence.
temporary EAD stamp, which expires December 23. He already had a job offer, as he had
worked for the same company in the UK (Amazon.com). We got his Social Security card
within the first week of arriving and he started work on September 27. We got married
on October 13, and after our honeymoon filed for AOS by turning in the paperwork in
person on October 26 at the Seattle INS office. We did this in hopes that an officer
would check over the paperwork with us, but no such luck. They simply took our
paperwork and (at their suggestion) one check for the whole package. At least we got
a proof of service memo. On November 27, after verifying that the check had still not
been cashed, I emailed the Seattle office (which actually is unpublished and is a
private officer's account). There is no published telephone number anywhere that I
can find. I had been checking kamya.com and immigration.com to see what the average
processing times were for Seattle for AP and EAD, and both indicated under 30 days,
which got me worried. I explained that the EAD was of primary importance as Jon is
already employed, and we do not want to defraud his employer. They emailed back over
a week later saying they are required by law to process forms in order received and
that they are currently working on end of September. We should email back in two
weeks to see where they were. After checking on Doc Steen's site I found a law saying
INS has to provide a temporary EAD form if they have not processed the EAD
application 90 days after submitting the form. In our case that would be January 27,
2002. That leaves us with a gap from December 24 to January 27 where he will not be
eligible to work unless Seattle INS gets to the EAD application in that timeframe.
Can anyone think of a way around the problem? Amazon lawyers say he has to take a
leave of absence.
Dec 7th 2001, 6:26 pm
#2
Guest
Posts: n/a
You are probably stuck with the leave of absence if they do not process by the time
his temporary EAD expires. But don't give up hope, there is always the chance that
they will surprise you with an EAD sooner than you had hoped. Sometimes one can get a
letter from the employer citing that the employee needs the EAD and take that letter
to the INS office and they will issue one on the spot, however I would not try that
until I was right within a week of the temporary EAD expiration. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
squidburger wrote:
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his temporary EAD expires. But don't give up hope, there is always the chance that
they will surprise you with an EAD sooner than you had hoped. Sometimes one can get a
letter from the employer citing that the employee needs the EAD and take that letter
to the INS office and they will issue one on the spot, however I would not try that
until I was right within a week of the temporary EAD expiration. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
squidburger wrote:
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Dec 7th 2001, 6:31 pm
#3
Guest
Posts: n/a
Firstly INS are at liberty to expedite people if they wish. Having said that, I
believe they should process people in order as they say they are doing. However,
unless you can persuade them to expedite Jon it is completely correct that he cannot
legally continue to work once his temporary work authorization expires.
In some cases it has worked when the employer has requested that the EAD is
expedited. I would try to get Amazon to write to the District Director to request
this. You have nothing to lose but if Seattle refuse, they are quite within their
rights to do so.
Andy.
--
I'm not really here - it's just your warped imagination.
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believe they should process people in order as they say they are doing. However,
unless you can persuade them to expedite Jon it is completely correct that he cannot
legally continue to work once his temporary work authorization expires.
In some cases it has worked when the employer has requested that the EAD is
expedited. I would try to get Amazon to write to the District Director to request
this. You have nothing to lose but if Seattle refuse, they are quite within their
rights to do so.
Andy.
--
I'm not really here - it's just your warped imagination.
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Dec 11th 2001, 10:10 pm
#4
Guest
Posts: n/a
Thank you both, Alvena and Andy. I will tell Jon to try a visit to the office with an
Amazon letter in hand.
-Mary
Amazon letter in hand.
-Mary
Dec 20th 2001, 8:05 pm
#5
Guest
Posts: n/a
THIS COULD HAPPEN TO YOU!
Our visit to the INS office was no good. He wasn't able to even talk to anyone beyond
a secretary, who had no idea what the current date of AOS processing was. The letter
from his employer did no good.
He is therefore required to take a leave of absence from work from Dec. 23 to Jan 24
(exactly 90 days after we filed our AOS package).
It's really too bad there's such a big loophole in the system legally, because his
right to work is initially defended legally and then just dropped for backlog
reasons. just my $.02
so now I have a house-husband to look forward to at the end of my day. here's hoping
for a clean apartment and some hot meals...
-Mary
[email protected] (squidburger)
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Our visit to the INS office was no good. He wasn't able to even talk to anyone beyond
a secretary, who had no idea what the current date of AOS processing was. The letter
from his employer did no good.
He is therefore required to take a leave of absence from work from Dec. 23 to Jan 24
(exactly 90 days after we filed our AOS package).
It's really too bad there's such a big loophole in the system legally, because his
right to work is initially defended legally and then just dropped for backlog
reasons. just my $.02
so now I have a house-husband to look forward to at the end of my day. here's hoping
for a clean apartment and some hot meals...
-Mary
[email protected] (squidburger)
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Dec 20th 2001, 8:29 pm
#6
Concierge
Joined: Apr 2001
Posts: 46,388
Often people are given the advise that they are allowed to continue working with only the receipt and/or the letter scheduling the pickup of the one year EAD. I'm surprised you were given other advise.
But the final decision is in the hands of the attorneys for your husband employer. If they say he can't work, then he can't work.
Rita
But the final decision is in the hands of the attorneys for your husband employer. If they say he can't work, then he can't work.
Rita
Dec 21st 2001, 9:25 pm
#7
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Posts: n/a
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We don't have a receipt even, just a Proof of Service memo that we got when we
dropped the paperwork off on Oct. 26. Seattle doesn't send receipts at all, one must
keep checking with one's bank and a cashed check is the only proof. And since they
still haven't gotten to our AOS application, there's not even a cashed check yet. In
fact, at Seattle they say not to expect any contact from them until you get the
notice for the interview for AOS. Leaves you feeling very helpless...
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We don't have a receipt even, just a Proof of Service memo that we got when we
dropped the paperwork off on Oct. 26. Seattle doesn't send receipts at all, one must
keep checking with one's bank and a cashed check is the only proof. And since they
still haven't gotten to our AOS application, there's not even a cashed check yet. In
fact, at Seattle they say not to expect any contact from them until you get the
notice for the interview for AOS. Leaves you feeling very helpless...
Jan 18th 2002, 10:05 pm
#8
Guest
Posts: n/a
We got our application back in the mail on Tuesday, for OVERPAYMENT. We asked the
Officer who took our AOS packet whether they wanted separate checks for each piece or
one check for the whole thing. She said one check was fine. Now, apparently, it is
not! I know that officers don't know everything, but now we are in dire straits!!!
Jon turned the packet back to the Seattle office today, but the clerk could not tell
us which date would be the "start date" of the application, the Oct. 26 original
submission or today, Jan. 18 because of the "overpayment". Now Jon's work is getting
worried and we have had a veiled threat that he may lose his job if they have to wait
another 90 days. Out of desperation we have talked to 3 Seattle laywers today. Only
one seems optimistic, and her minimum fee is $300. Can anyone PLEASE point me to some
kind of law that says that he should be able to work? Or about what an "official
submission date" is? We could really use some help here. I'm so frustrated I can
barely breathe.
Officer who took our AOS packet whether they wanted separate checks for each piece or
one check for the whole thing. She said one check was fine. Now, apparently, it is
not! I know that officers don't know everything, but now we are in dire straits!!!
Jon turned the packet back to the Seattle office today, but the clerk could not tell
us which date would be the "start date" of the application, the Oct. 26 original
submission or today, Jan. 18 because of the "overpayment". Now Jon's work is getting
worried and we have had a veiled threat that he may lose his job if they have to wait
another 90 days. Out of desperation we have talked to 3 Seattle laywers today. Only
one seems optimistic, and her minimum fee is $300. Can anyone PLEASE point me to some
kind of law that says that he should be able to work? Or about what an "official
submission date" is? We could really use some help here. I'm so frustrated I can
barely breathe.
Jan 18th 2002, 11:20 pm
#9
Guest
Posts: n/a
Get the Lawyer, they may be able to help. Once the existing card expires he will not
be legally able to work until he get's the new card. This happened to a friend of
mine a couple of yrs ago, slightly different circumstances but he had to wait another
90 days for it.
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be legally able to work until he get's the new card. This happened to a friend of
mine a couple of yrs ago, slightly different circumstances but he had to wait another
90 days for it.
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Jan 19th 2002, 1:27 am
#10
Guest
Posts: n/a
[email protected] (squidburger2)
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Another classic case of the INS screwing up, and innocent people, who are bending
over backward to try and do things right are getting screwed. What a shame.
nipidoc
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Another classic case of the INS screwing up, and innocent people, who are bending
over backward to try and do things right are getting screwed. What a shame.
nipidoc
Jan 19th 2002, 3:12 am
#11
Guest
Posts: n/a
You can only work if you have a valid unexpired ead. That's the whole point of
renewing it on time, and applying 90 days early so you have time to get it renewed.
Always triple check forms for errors and omissions before giving anything to INS,
that way you avoid these headaches. Once it expires it does just that, IT EXPIRES.
"nipidoc" <[email protected]>
[usenetquote2]> > We got our application back in the mail on Tuesday, for OVERPAYMENT. We asked the[/usenetquote2]
[usenetquote2]> > Officer who took our AOS packet whether they wanted separate checks for each[/usenetquote2]
[usenetquote2]> > piece or one check for the whole thing. She said one check was fine. Now,[/usenetquote2]
[usenetquote2]> > apparently, it is not! I know that officers don't know everything, but now we are[/usenetquote2]
[usenetquote2]> > in dire straits!!! Jon turned the packet back to the Seattle office today, but[/usenetquote2]
[usenetquote2]> > the clerk could not tell us which date would be the "start date" of the[/usenetquote2]
[usenetquote2]> > application, the Oct. 26 original submission or today, Jan. 18 because of the[/usenetquote2]
[usenetquote2]> > "overpayment". Now Jon's work is getting worried and we have had a veiled threat[/usenetquote2]
[usenetquote2]> > that he may lose his job if they have to wait another 90 days. Out of desperation[/usenetquote2]
[usenetquote2]> > we have talked to 3 Seattle laywers today. Only one seems optimistic, and her[/usenetquote2]
[usenetquote2]> > minimum fee is $300. Can anyone PLEASE point me to some kind of law that says[/usenetquote2]
[usenetquote2]> > that he should be able to work? Or about what an "official submission date" is?[/usenetquote2]
[usenetquote2]> > We could really use some help here. I'm so frustrated I can barely breathe.[/usenetquote2]
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renewing it on time, and applying 90 days early so you have time to get it renewed.
Always triple check forms for errors and omissions before giving anything to INS,
that way you avoid these headaches. Once it expires it does just that, IT EXPIRES.
"nipidoc" <[email protected]>
[usenetquote2]> > We got our application back in the mail on Tuesday, for OVERPAYMENT. We asked the[/usenetquote2]
[usenetquote2]> > Officer who took our AOS packet whether they wanted separate checks for each[/usenetquote2]
[usenetquote2]> > piece or one check for the whole thing. She said one check was fine. Now,[/usenetquote2]
[usenetquote2]> > apparently, it is not! I know that officers don't know everything, but now we are[/usenetquote2]
[usenetquote2]> > in dire straits!!! Jon turned the packet back to the Seattle office today, but[/usenetquote2]
[usenetquote2]> > the clerk could not tell us which date would be the "start date" of the[/usenetquote2]
[usenetquote2]> > application, the Oct. 26 original submission or today, Jan. 18 because of the[/usenetquote2]
[usenetquote2]> > "overpayment". Now Jon's work is getting worried and we have had a veiled threat[/usenetquote2]
[usenetquote2]> > that he may lose his job if they have to wait another 90 days. Out of desperation[/usenetquote2]
[usenetquote2]> > we have talked to 3 Seattle laywers today. Only one seems optimistic, and her[/usenetquote2]
[usenetquote2]> > minimum fee is $300. Can anyone PLEASE point me to some kind of law that says[/usenetquote2]
[usenetquote2]> > that he should be able to work? Or about what an "official submission date" is?[/usenetquote2]
[usenetquote2]> > We could really use some help here. I'm so frustrated I can barely breathe.[/usenetquote2]
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Jan 19th 2002, 1:25 pm
#12
Guest
Posts: n/a
Well, try this : Have him speak with his pending employer, and then start his job
with a "No pay" provision until he 'satisfactorily completes' a 90, 120, (whatever)
day trial period, after which he will be reimbursed for those probationary months.
Just a thought......
with a "No pay" provision until he 'satisfactorily completes' a 90, 120, (whatever)
day trial period, after which he will be reimbursed for those probationary months.
Just a thought......
Jan 19th 2002, 7:36 pm
#13
Guest
Posts: n/a
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Call your Congressman's office immediately and speak to the INS liaison. Many people
in this ng will disagree with this, but this is exactly why these people are elected.
The work for us. You are having unreasonable trouble with a government agency through
no fault of your own.
We contacted our representative about an EAD issue similar to this and the matter was
resolved in 3 days! If we hadn't contacted them, we would still be waiting for the
appointment letter. The Seattle office appears to be VERY cooperative when a member
of Congress gets involved.
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Call your Congressman's office immediately and speak to the INS liaison. Many people
in this ng will disagree with this, but this is exactly why these people are elected.
The work for us. You are having unreasonable trouble with a government agency through
no fault of your own.
We contacted our representative about an EAD issue similar to this and the matter was
resolved in 3 days! If we hadn't contacted them, we would still be waiting for the
appointment letter. The Seattle office appears to be VERY cooperative when a member
of Congress gets involved.
Feb 11th 2002, 10:04 pm
#14
Guest
Posts: n/a
Update on Feb. 11. On Feb. 8 Jon's employer offered him the chance to get an H1-B
visa so that he can begin working. Upside: He could be working in 5 weeks (they pay
$5000 for expedition of the visa) Downside: We would have to withdraw his AOS
application, then start over once he is in the country and working again. Oh, and the
visa waiver would then be required.
He is speaking with their lawyer today to find out more. Anybody here have any advice
on the matter? We really didn't want to have to start over but will if doesn't
jepordize his becoming a cond. permanent resident anytime soon.
The worst part is the threat of being fired if he doesn't go this path, because they
need someone working that position asap.
Advie Please!
visa so that he can begin working. Upside: He could be working in 5 weeks (they pay
$5000 for expedition of the visa) Downside: We would have to withdraw his AOS
application, then start over once he is in the country and working again. Oh, and the
visa waiver would then be required.
He is speaking with their lawyer today to find out more. Anybody here have any advice
on the matter? We really didn't want to have to start over but will if doesn't
jepordize his becoming a cond. permanent resident anytime soon.
The worst part is the threat of being fired if he doesn't go this path, because they
need someone working that position asap.
Advie Please!
Feb 11th 2002, 10:26 pm
#15
Guest
Posts: n/a
squidburger2 wrote:
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Can you really expedite an H1B by giving INS $5000?
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Can you really expedite an H1B by giving INS $5000?