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Subject: Re: Waiting 120 days for an EAD Posted on: Thu, 1 Apr 2004 02:07:38 +0000 (UTC)


"gotGin?" wrote in message
news:dfIac.58441$4B1.20911@twister.rdc-kc.rr.com...

> If you have waited over 90 days after what is stamped on your notice
(I-797)
> you should be able to pick up your interim EAD at your local INS office in
> Charlotte.

Eton Rifle's case is apparently family-based, not employment-based (his wife
is a U.S. citizen according to his other post). Therefore apparently he
filed Forms I-130/I-485/I-765 at the USCIS Charlotte district office, and he
would not have received Form I-797. USCIS district offices do not issue
I-797 Notices. Only USCIS Services Centers do.

Make sure you bring the reciept notice and proper ID. If you have
> the proper documenation you should be able to return home with the
temporary
> work card in hand.

> "Eton_Rifle" wrote in message
> news:1340157.1080758293@britishexpats.com...

> > I filed an I-485 in December along with all the relevant documents
> > and along with an EAD
> > I have been waiting for an EAD for nearly 120
> > days. 116 to be precise
> > I have only today heard about an interim EAD
> > even though I was in Charlotte, NC last week for my Biometrics, Why
> > didn't they tell me there that I can file an interim EAD?

> > The
> > immigration officer just said wait another two weeks and you should
> > have it, today has been one week. I won't hold my breath. All i get
> > from the immigration helpline when I call is passed about and sighed
> > at, Oh and accused of being here illegally lets not forget that one.
> > Let's see them be taken out of work for 6 months and see how they
> > manage on one income. Thats my little bit of venting done.
> > I have
> > only called three times since the 90 days passed just to inquire about
> > where it is and they are saying they only received it in February which
> > I have the receipt notice dated February but received in December.

What happened? Did you *mail* the I-130/I-485/I-765 package in?
https://egov.immigration.gov/graphics/cris/jsps/index.jsp?textFlag=N# says
that the USCIS Charlotte district office is issuing EADS very fast, in less
than 2 months.

> > I
> > have been in touch with Sen. Dole who helped the best she could, they
> > were saying to her it still could take another 30-45 days to receive
> > anything and they did receive it in December not February.
> > The worst
> > thing is I have had a job waiting for me for 3 months and I may lose it
> > if I don't receive something soon.
> >
> > My question is how do I file an
> > Interim EAD and what do I need? I know I have to file it in person in
> > Charlotte (Another 300 mile round trip).
> > I read somewhere that I have
> > to wait 90 days from the Notice of action which I received in February,
> > Is that true or is it 90 days from when it was received.

It is 90 days from when the USCIS office accepted the I-765 application for
employment authorization as properly filed. If your receipt notice was
dated in February 2004, you may have to wait longer, until 90 days have
passed since the receipt notice.

What kind of proof do you have that you filed the package earlier than
February? Were your filing fee checks cancelled earlier?

Also, you should take along another Form I-765 filled out almost identically
to the first one.

You need to prove you filed the I-485 to be eligible for the EAD, and you
need to prove that you filed the I-765 over 90 days ago to force the USCIS
office to issue the EAD, which you are entitled to.

The USCIS district office in Charlotte may simply issue you the actual EAD,
not the interim EAD, because it is in their power to do so. The actual EAD
would be better, because it is valid for one year, whereas the interim EAD
is only valid for 8 months.

I would suggest that you ask for the help of the Member of the House of
Representatives for your district -- no offense to Senator Dole, but
Senators' offices are much busier than Members', usually. Look here:
http://congress.nw.dc.us/rollcall/home/, and telephone the local office. Do
not fax, email or write at first -- telephone and talk to a human being and
get the person's name to start out.

Every USCIS office has procedures for expedited filing of any form. Maybe
you can get your Congressperson to get an expedited appointment to have your
EAD issued, based on humanitarian reasons -- you need the money, you will
lose your job offer if you don't get the EAD, etc.

> > Any help you
> > can give would be greatly appreciated as I am about at the end of my
> > rope with this Immigration stuff.
> > Thanks in advance



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