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Seattle INS - Interim EAD (long post)

Seattle INS - Interim EAD (long post)

Old Nov 8th 2001, 3:03 am
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Hi all,

Seattle appears to be suffering a backlog in some areas of its processing at the moment, especially with regards to their EADs, so my timeline appears below for any of you who would like to compare yours to it.

August 6th – File AOS from K1, including initial EAD application

August 7th – INS cash cheque

October 5th – somewhat concerned at the lack of communication, I email [email protected] for info, though am a bit suspicious of the email address (a government agency using aol?)

October 11th – receive an email from Yuki Siu saying that my application for an EAD has been approved, they cannot schedule a pick up appointment till December (!), but she could try and get me an earlier one if I needed the EAD sooner.

October 11th - I write back saying yes please, you betcha, see me as soon as you can.

October 26th – An email from Yuki Siu saying s/he does not have time to take care of my request as she’s on leave for two weeks and will return on November 13th.

November 1st – I get a copy of my cashed cheque from the bank, with the intention of visiting the INS on the 7th requesting an interim EAD.

November 7th – Interim EAD granted (after a fashion). If interested in the long version, read below.

I marched downtown this morning armed with a copy of the cashed cheque (my only proof of their filing, no receipt ever received), copy of submitted EAD, copy of 1-765 notes quoting interim EAD position, copies of previous interim EAD situations from the newsgroup and Andy Platt’s oft quoted immigration law regarding the same (thanks so much Andy).

I arrived at 9am knowing that the offices didn’t open till 10.30am this morning. The very nice security guard handed me a timed and dated receipt telling me to come back at 10am whereupon I would be slotted into my appropriate place in line behind whoever had the number before me. Thanking goodness for this seemingly advanced system, I trotted off to find a coffee.

Returning at 10am I proceeded to take my place. I was number 24, and therefore expected to be seen fairly soon, but I soon learned that the ticket was issued per family, not per person, so in actual fact there were about 50 people in front of me (many Ukranian families getting work or travel documents it seemed). Much fun and high jinks ensued as the hassled security guards attempted to get us all in various horseshoe formations, primarily so the lucky ones could get shelter from the drizzle under a permanent tarpaulin which appears to have been thoughtfully erected for those standing in line outside.

A fellow Brit did his thing for reinforcing the notion that we’re obsessed with queuing, visiting those of us who looked as if we were queue-jumping to complain vociferously, when in actual fact we’d been there two hours before him and were merely being slotted into place according to our timed receipt.

At about 11am I was admitted into those hallowed portals, given yet another timed receipt, and told to wait in the waiting room. This was jam packed, and I was surprised to see an immigration official at the front of the room, calling people up there to be serviced in front of all the others. I was fully prepared to cry, bawl, plead etc. to ensure that I left the INS today with an interim EAD, but must admit that my heart quailed at the thought of doing it in front of so many people.

I sat at the very front of the room in the only seats left, which happened to be in front of an unused computer terminal. Another immigration official soon appeared and said as she passed “You’d better get out of that seat.� Blessing the courtesy of the INS, I bit my tongue and moved. After two hours I was the next number to be called, and it was a toss up between the nice, elderly male official, and the young snippy female. Right up to the last second it wasn’t clear who I was going to get, but as fate would have it, it was the woman.

Fortunately her snippiness appears to have been down to efficiency. When asked how she could help, I replied that I needed to apply in person for an interim EAD as my initial application 90 days ago had not yet been adjudicated and I had not been informed of any decision. Here was a copy of my initial application, and here was a copy of the cheque which the INS cashed 90 days ago. Brushing the additional papers aside she left the room, to return 15 minutes later with an EAD pick-up appointment letter (for December 18th!) and the following attached letter (which prevented any emotional disintegration on my part):

TO WHOM IT MAY CONCERN:

This is to ceritfy that the Bearer of this notice has filed an approvable application for an Employment Authorization Document (EAD). Due to backlogs at this office, the subject is hereby granted Employment Authorization to the date of the scheduled appearance at this office processing.

NOTE TO EMPLOYERS:

This authorization is valid only to the date indicated on the call-in notice. After that date, the subject must be in possession of an officially based Employment Authorization Document (EAD).

This authorization is valid only when presented with a call-in notice for EAD processing AND EITHER:

- an officially issued but expired EAD, Form I-688A or I-688B,
OR
- a valid passport issued to the person named on this notice.

Sincerely,

Robert S. Coleman, Jr.
District Director

And with several hops, skips and jumps, I was on my way to visit several recruitment agencies to be legally put on their books.

Miss Kate
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Old Nov 8th 2001, 11:59 am
  #2  
Andy Platt
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You are most welcome and I'm glad you got the interim EAD!

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Nov 11th 2001, 1:34 am
  #3  
Karenkitsis
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Would it be possible to learn more about the INS law that allows folks to work before
they actually get the EAD?

Thanks, Karen
 
Old Nov 11th 2001, 10:09 am
  #4  
Alvena Ferreira
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Karenkitsis wrote:
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It is not a law. It was an *opinion* that I received from the INS business
liaison, you can find it on the doc steen site in the "notes" section and in the
AOS section both.

Basically, I e-mailed them and asked them what people were supposed to do if they
could not get an EAD since the ports of entry have pretty much quit issuing EAD
stamps/cards. However, bear in mind, the *employer* is the one that would have to
accept the visa plus passport for work, which they could choose to do or not to do.

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
=========================================
 
Old Nov 12th 2001, 12:06 pm
  #5  
Andy Platt
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It's 8CFR Sec. 274a.13 (d) which says:

"(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
7/2/98; 63 FR 27823) (Corrected 7/21/98; 63 FR 39121) (Amended effective
7/3/99; 64 FR 25756) (Amended 3/24/00; 65 FR 15835) "

(Source http://www.ins.usdoj.gov/lpBin/lpext...b-10417/slb-26
8/slb-27251/slb-27404?f=templates&fn=document-frame.htm#slb-8cfrsec274a13)

Andy.

--
I'm not really here - it's just your warped imagination.

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