I-765 - Please Help!
 

Hello,

My husband has just gone over the 90 day waiting period for his I-765 Employment Authorization to be approved. He has a K-3 Visa so we had to file the I-765 form with the Chicago office. Does anyone have any suggestions on what to do next?

The 800 number the INS provides is not helpful. They just told me to wait by the mailbox.

He has a company interested in presenting him with a job offer, but they won't do so until his work authorization card arrives. We don't want him to lose the chance of being offered this job since he can't tell them when he will be approved to work....can anyone offer us advice?

Thanks!

Jennifer

Re: I-765 - Please Help!
 

Your husband is entitled to 240 days of employment authorization right now under 8
CFR 274a.13(d), which provides in relevant part that:

"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) insofar 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 interim employment authorization document for a
period not to exceed 240 days."

We have been successful in obtaining such employment authorization for our clients by
showing the local INS district office evidence that the I-765 was filed over 90 days
ago and still has not been adjudicated.

Michael E. Piston Attorney at Law 4000 Livernois Troy, MI 48098
246/680-0600

My comments are based upon my 17 years of full time experience in the field of
immigration law. INS officers or other attorneys my disagree. It is not legal advice
and I am not your attorney. Feel free to e-mail me if you require clarification or
have further questions

Leelou <[email protected]> wrote in message
news:<[email protected]>...
    > Hello,
    >
    > My husband has just gone over the 90 day waiting period for his I-765 Employment
    > Authorization to be approved. He has a K-3 Visa so we had to file the I-765 form
    > with the Chicago office. Does anyone have any suggestions on what to do next?
    >
    > The 800 number the INS provides is not helpful. They just told me to wait by the
    > mailbox.
    >
    > He has a company interested in presenting him with a job offer, but they won't do
    > so until his work authorization card arrives. We don't want him to lose the chance
    > of being offered this job since he can't tell them when he will be approved to
    > work....can anyone offer us advice?
    >
    > Thanks!
    >
    > Jennifer
    >
    >
    >
    > --