Speedyvespa

I hope someone can answer this. The Bloomington policy on interim EAD
issuance is:



"Interim EADs are issued on day 91 unless it is a one-step family
petition"



..which precludes me (as a spouse of a USC), right?



Ever had the feeling your life is falling to pieces?

Flyergirluk

Hi,



This is what I found on the USCIS website, I don't know if it's relevant
to your specific case though, as I've found nothing about one-step
family petitions.



    > Interim EAD: If USCIS does not approve or deny your EAD
    > application within 90 days...you may request an interim EAD
    > document.


    > It looks to me, from your timeline, that you still have a bit longer
    > to wait though.

    > I don't think there's any way to 'skip the queue' either and get
    > through any faster.


    > I'm no expert though.

Maximus76

Originally posted by speedyvespa

    > I hope someone can answer this. The Bloomington policy on interim EAD
    > issuance is:


    > "Interim EADs are issued on day 91 unless it is a one-step family
    > petition"


    > ...which precludes me (as a spouse of a USC), right?


    > Ever had the feeling your life is falling to pieces?



Mark,

did you try to call to USCIS? and if yes, what did they say?

Speedyvespa

Originally posted by FlyergirlUK

    > Hi,


    > This is what I found on the USCIS website, I don't know if it's
    > relevant to your specific case though, as I've found nothing about one-
    > step family petitions.




    > It looks to me, from your timeline, that you still have a bit longer
    > to wait though.

    > I don't think there's any way to 'skip the queue' either and get
    > through any faster.


    > I'm no expert though.



Thanks. Yeah, I can apply (seemingly) after the 30th Dec, but I don't
wanna queue up in minnesota weather only to be told to get lost.



The "one-step family" thing comes from a report detailing the interim
issuance policy of different USCIS field offices; we're concerned with
Bloomington, MN. The link is...



]http://www.immigration.com/newsletter1/interimeadhandling.html[/ur-
l]



It's slightly ambiguous and not entirely clear, I just wanted to know
what others make of it. Mr. Udall? Forlinskwhassisname?



- Mark

Speedyvespa

Originally posted by maximus76

    > Mark,

    > did you try to call to USCIS? and if yes, what did they say?



They said



"Sorry sir, I do not have access to that information"



Great job.

Maximus76

Originally posted by speedyvespa

    > They said


    > "Sorry sir, I do not have access to that information"


    > Great job.



My lawyer, who is doing my AOS, said that one can start working after
biometrics, even though EAD didn't come yet, and also that there is no
law allowing to work without EAD, but at the same time there is no law
which prohibits to work to USC spouces. Did you try to look for job? I
guess you could try to explain to your potential employer the situation,
and show all you NOAs and biometric paper, they might hire you.

Since last week I started to look for job, but it seems like that
everyone if not thinking properely because of these holidays, and I
can't get hold of some people. Bummer!

Speedyvespa

Originally posted by maximus76

    > My lawyer, who is doing my AOS, said that one can start working
    > after biometrics, even though EAD didn't come yet, and also that
    > there is no law allowing to work without EAD, but at the same time
    > there is no law which prohibits to work to USC spouces. Did you try
    > to look for job? I guess you could try to explain to your potential
    > employer the situation, and show all you NOAs and biometric paper,
    > they might hire you.

    > Since last week I started to look for job, but it seems like that
    > everyone if not thinking properely because of these holidays, and I
    > can't get hold of some people. Bummer!



Oooh... that sounds *far* too good to be true! But your lawyer is a far
wiser person that I am Gunga Din, so I am going to check this out
straight away.... so, I opt to believe what you're saying to me, sir.



In the meantime, would any of our learned friends on this forum care to
offer a view?



Maximus sir, I praise you.

Maximus76

Mark,

did you read these updates:

]http://www.immigration.com/newsletter1/interimeadhandling.html[/ur-
l]

and

http://www.simmonsungar.com/news/Int...D%20Survey.pdf

Speedyvespa

Originally posted by maximus76

    > Mark,

    > did you read these updates:

    > ]http://www.immigration.com/newslette...adhandling.ht-
    > ml[/url]

    > and

    > http://www.simmonsungar.com/news/Int...D%20Survey.pdf
    >



Yup, read them - didn't offer me any encouragement, sadly. The
Bloomington entry is scarily ambiguous...

Speedyvespa

Found this at



http://imminfo.com/Knowledgebase/FAQs/FAQ_EAD.html



    >

    > ----------------------------------------------------------------------
    > ----------


    > Do I have to get an EAD if I file for adjustment of status?

    > No. Once you have filed for adjustment of status, there are no
    > additional penalties that attach if you fail to maintain lawful status
    > by letting your nonimmigrant status expire, or accepting unauthorized
    > employment. Your employer, however, can be penalized for employing you
    > without permission.


    > Back to Top


    > ----------------------------------------------------------------------
    > ----------


    > What happens if my nonimmigrant employment authorization expires after
    > I file for AOS if I don't have an EAD?

    > There is no penalty that attaches to an applicant for AOS. The
    > applicant's employer, however, would be subject to being fined for
    > employing the applicant without authorization.


    > Back to Top


    > ----------------------------------------------------------------------
    > ----------


    > What about an extension of employment authorization?


    > To be absolutely safe, apply for an extension of your EAD more than 90
    > days before your current EAD expires. If it is not extended within 90
    > days, you are entitled to go to the nearest INS district office and
    > obtain your extension on the spot.


    > Apply for an extension of your EAD by filing a new form I-765 with the
    > INS office that has your adjustment of status file.


    > Back to Top


    > ----------------------------------------------------------------------
    > ----------


    > Why shouldn't I just remain in nonimmigrant status?


    > If you are not planning to travel, or change employers (or moonlight
    > with another employer), then there may be no reason to apply for an
    > EAD. On the other hand, there is no harm in applying for advance
    > parole and an EAD and there is no real reason to try to maintain
    > nonimmigrant status after filing for adjustment of status.

    >



What this appears to be saying (to me anyway, but then I am very much a
glass-half-full type of basketcase), is that your nonimmigrant visa
status determines your right to work and not the EAD per se. The
function of the EAD is to authorise your employer to employ you, not for
you to accept employment. If anyone would get their nuts cooked, it
would be the employer and not you.



I'm off to Office Team in the morning.



- Mark