Benjamin Dover

Hello:
It's been more than 90 days since the notice date of our concurrent
filing of I-140 and I-485 at Vermont. So we decided to get the
interim EAD locally at the Philadelphia office.

The officer there said she cannot issue an interim EAD while the I-140
is pending. Bummer!

From what I can find, there is no such rule. In fact, one person in
Dallas did get an interim EAD under the same circumstances. In every
search I did for the documentation requirements for an interim EAD,
the main requirement is the I-485 receipt. Nowhere was the I-140
approval asked for.

It appears that in Philadelphia they interpret things differently, or
they are being difficult, or they are ignorant etc..

Is there anything I can do to get an interim EAD in Philly?

Thanks
B

Benjamin Dover

Continued from my earlier posting ...

So we return home dejected and check the online status of our EAD
application.
And guess what! It was approved and the approval was mailed today, Dec
31, 2003. The notice date was Sep 30, 2003.

We don't know if the letter will contain just the notice or if the EAD
card will also be there. I hope the employers will accept the approval
notice as enough to start/resume employment.

Thanks
B

(Benjamin Dover) wrote in message news:<>...
    > Hello:
    > It's been more than 90 days since the notice date of our concurrent
    > filing of I-140 and I-485 at Vermont. So we decided to get the
    > interim EAD locally at the Philadelphia office.
    >
    > The officer there said she cannot issue an interim EAD while the I-140
    > is pending. Bummer!
    >
    > From what I can find, there is no such rule. In fact, one person in
    > Dallas did get an interim EAD under the same circumstances. In every
    > search I did for the documentation requirements for an interim EAD,
    > the main requirement is the I-485 receipt. Nowhere was the I-140
    > approval asked for.
    >
    > It appears that in Philadelphia they interpret things differently, or
    > they are being difficult, or they are ignorant etc..
    >
    > Is there anything I can do to get an interim EAD in Philly?
    >
    > Thanks
    > B

Jozef

"Benjamin Dover" <> wrote in message
news:...
    > Continued from my earlier posting ...
    > So we return home dejected and check the online status of our EAD
    > application.
    > And guess what! It was approved and the approval was mailed today, Dec
    > 31, 2003. The notice date was Sep 30, 2003.
    > We don't know if the letter will contain just the notice or if the EAD
    > card will also be there. I hope the employers will accept the approval
    > notice as enough to start/resume employment.

The letter contains the actual EAD card.
Hopefully you will be able to forget your encounter with that incompetent
CIS employee.

    > (Benjamin Dover) wrote in message
news:<>...
    > > Hello:
    > > It's been more than 90 days since the notice date of our concurrent
    > > filing of I-140 and I-485 at Vermont. So we decided to get the
    > > interim EAD locally at the Philadelphia office.
    > >
    > > The officer there said she cannot issue an interim EAD while the I-140
    > > is pending. Bummer!
    > >
    > > From what I can find, there is no such rule. In fact, one person in
    > > Dallas did get an interim EAD under the same circumstances. In every
    > > search I did for the documentation requirements for an interim EAD,
    > > the main requirement is the I-485 receipt. Nowhere was the I-140
    > > approval asked for.
    > >
    > > It appears that in Philadelphia they interpret things differently, or
    > > they are being difficult, or they are ignorant etc..
    > >
    > > Is there anything I can do to get an interim EAD in Philly?
    > >
    > > Thanks
    > > B

Benjamin Dover

Thanks Jozef,
Indeed, the card was in the envelope, looked just like one of those
undesirable credit card deals :)
B

"Jozef" <jozef.*take this out*> wrote in message news:<9h7Jb.15960$>...
    > "Benjamin Dover" <> wrote in message
    > news:...
    > > Continued from my earlier posting ...
    > >
    > > So we return home dejected and check the online status of our EAD
    > > application.
    > > And guess what! It was approved and the approval was mailed today, Dec
    > > 31, 2003. The notice date was Sep 30, 2003.
    > >
    > > We don't know if the letter will contain just the notice or if the EAD
    > > card will also be there. I hope the employers will accept the approval
    > > notice as enough to start/resume employment.
    >
    > The letter contains the actual EAD card.
    > Hopefully you will be able to forget your encounter with that incompetent
    > CIS employee.
    >
    > > (Benjamin Dover) wrote in message
    > news:<>...
    > > > Hello:
    > > > It's been more than 90 days since the notice date of our concurrent
    > > > filing of I-140 and I-485 at Vermont. So we decided to get the
    > > > interim EAD locally at the Philadelphia office.
    > > >
    > > > The officer there said she cannot issue an interim EAD while the I-140
    > > > is pending. Bummer!
    > > >
    > > > From what I can find, there is no such rule. In fact, one person in
    > > > Dallas did get an interim EAD under the same circumstances. In every
    > > > search I did for the documentation requirements for an interim EAD,
    > > > the main requirement is the I-485 receipt. Nowhere was the I-140
    > > > approval asked for.
    > > >
    > > > It appears that in Philadelphia they interpret things differently, or
    > > > they are being difficult, or they are ignorant etc..
    > > >
    > > > Is there anything I can do to get an interim EAD in Philly?
    > > >
    > > > Thanks
    > > > B

Ingo Pakleppa - See Web Site For Email

USCIS policy is a bit inconsistent here. Some offices indeed have the
policy of not issuing EADs until the I-140s are approved. I believe at
some point, all offices did, but they backtracked on that.

There is a solid practical reason for that, although I don't think the
policy was covered by the letter of the law (which is the reason for the
backtracking): since concurrent filing is allowed, and since I-140s can be
filed by anybody under the NIW category or an E-1, USCIS was concerned
that people would start filing frivolous I-140s and I-485s that had no
chance of getting approved, just to be able to get their hands on an EAD.

On Wed, 31 Dec 2003 06:12:15 -0800, Benjamin Dover wrote:

    > Hello:
    > It's been more than 90 days since the notice date of our concurrent
    > filing of I-140 and I-485 at Vermont. So we decided to get the interim
    > EAD locally at the Philadelphia office.
    >
    > The officer there said she cannot issue an interim EAD while the I-140
    > is pending. Bummer!
    >
    > From what I can find, there is no such rule. In fact, one person in
    > Dallas did get an interim EAD under the same circumstances. In every
    > search I did for the documentation requirements for an interim EAD, the
    > main requirement is the I-485 receipt. Nowhere was the I-140 approval
    > asked for.
    >
    > It appears that in Philadelphia they interpret things differently, or
    > they are being difficult, or they are ignorant etc..
    >
    > Is there anything I can do to get an interim EAD in Philly?
    >
    > Thanks
    > B

Benjamin Dover

Thanks Ingo.

It is understandable that the officers at the field office feel
jittery about issuing EADs. How about the officials at the service
center itself?

In other words, since we now got our EADs from Vermont, does that
imply that they decided our application was not frivolous? I expect
that they atleast cursorily went through our I-140 application.

Thanks
B

Ingo Pakleppa - see web site for email <> wrote in message news:<>...
    > USCIS policy is a bit inconsistent here. Some offices indeed have the
    > policy of not issuing EADs until the I-140s are approved. I believe at
    > some point, all offices did, but they backtracked on that.
    >
    > There is a solid practical reason for that, although I don't think the
    > policy was covered by the letter of the law (which is the reason for the
    > backtracking): since concurrent filing is allowed, and since I-140s can be
    > filed by anybody under the NIW category or an E-1, USCIS was concerned
    > that people would start filing frivolous I-140s and I-485s that had no
    > chance of getting approved, just to be able to get their hands on an EAD.
    >
    > On Wed, 31 Dec 2003 06:12:15 -0800, Benjamin Dover wrote:
    >
    > > Hello:
    > > It's been more than 90 days since the notice date of our concurrent
    > > filing of I-140 and I-485 at Vermont. So we decided to get the interim
    > > EAD locally at the Philadelphia office.
    > >
    > > The officer there said she cannot issue an interim EAD while the I-140
    > > is pending. Bummer!
    > >
    > > From what I can find, there is no such rule. In fact, one person in
    > > Dallas did get an interim EAD under the same circumstances. In every
    > > search I did for the documentation requirements for an interim EAD, the
    > > main requirement is the I-485 receipt. Nowhere was the I-140 approval
    > > asked for.
    > >
    > > It appears that in Philadelphia they interpret things differently, or
    > > they are being difficult, or they are ignorant etc..
    > >
    > > Is there anything I can do to get an interim EAD in Philly?
    > >
    > > Thanks
    > > B
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    >
    > Please visit my new FAQ at http://www.kkeane.com (always under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.

Ingo Pakleppa - See Web Site For Email

Your suggestion is right on the mark. The service centers would indeed
perform a cursory review of the I-140 before approving the EAD.

On Sat, 10 Jan 2004 10:00:11 -0800, Benjamin Dover wrote:

    > Thanks Ingo.
    >
    > It is understandable that the officers at the field office feel jittery
    > about issuing EADs. How about the officials at the service center
    > itself?
    >
    > In other words, since we now got our EADs from Vermont, does that imply
    > that they decided our application was not frivolous? I expect that they
    > atleast cursorily went through our I-140 application.
    >
    > Thanks
    > B
    >
    > Ingo Pakleppa - see web site for email <> wrote in message
    > news:<>...
    >> USCIS policy is a bit inconsistent here. Some offices indeed have the
    >> policy of not issuing EADs until the I-140s are approved. I believe at
    >> some point, all offices did, but they backtracked on that.
    >>
    >> There is a solid practical reason for that, although I don't think the
    >> policy was covered by the letter of the law (which is the reason for
    >> the backtracking): since concurrent filing is allowed, and since I-140s
    >> can be filed by anybody under the NIW category or an E-1, USCIS was
    >> concerned that people would start filing frivolous I-140s and I-485s
    >> that had no chance of getting approved, just to be able to get their
    >> hands on an EAD.
    >>
    >> On Wed, 31 Dec 2003 06:12:15 -0800, Benjamin Dover wrote:
    >>
    >> > Hello:
    >> > It's been more than 90 days since the notice date of our concurrent
    >> > filing of I-140 and I-485 at Vermont. So we decided to get the
    >> > interim EAD locally at the Philadelphia office.
    >> >
    >> > The officer there said she cannot issue an interim EAD while the
    >> > I-140 is pending. Bummer!
    >> >
    >> > From what I can find, there is no such rule. In fact, one person in
    >> > Dallas did get an interim EAD under the same circumstances. In every
    >> > search I did for the documentation requirements for an interim EAD,
    >> > the main requirement is the I-485 receipt. Nowhere was the I-140
    >> > approval asked for.
    >> >
    >> > It appears that in Philadelphia they interpret things differently, or
    >> > they are being difficult, or they are ignorant etc..
    >> >
    >> > Is there anything I can do to get an interim EAD in Philly?
    >> >
    >> > Thanks
    >> > B
    >>
    >> --
    >> Remember, I am strictly a layperson without any legal training. I
    >> encourage everybody to seek competent legal counsel rather than relying
    >> on usenet newsgroups.
    >>
    >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    >> http://www.kkeane.com/lobbyspousal-faq.shtml
    >>
    >> Please visit my new FAQ at http://www.kkeane.com (always under
    >> construction)
    >>
    >> My email address in usenet posts is now invalid for spam protection.
    >> See my Web site for information on how to contact me.
    >>
    >> Please feel free to enjoy some of my photographs at my Web site
    >> http://www.ingopakleppa.com ! Comments are welcome.