EAD Delays

You filed your EAD card over 90 days ago. You still did not get the card. You cannot work. Your employer is real mad and in this economic climate is going to fire you. You call USCIS line, and the person says, “thank you for calling, we will generate a report.” You get a letter in the mail saying that “we have generated a report. And then you wait….and wait…..

Although this story sounds very familiar to an Immigration Attorney, CIS claims that the delay beyond the 90 days happen to only 1.3 % of cases. A new memo by Michael Aytes, Acting Director of USCIS, states that if your EAD card has been pending for more than 75 days, you can call the USCIS Service line at 1-800-375-5283, for a service call, and they will let the officer know of the call.

USCIS is also going to conduct sweeps to monitor and see that the EADs are issued within the 90 day period set by regulations. However that is not to say that on the 89th day you can get an RFE requesting more documents. RFEs stop the running of the clock.

<!– /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:””; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:”Times New Roman”; mso-fareast-font-family:”Times New Roman”;} a:link, span.MsoHyperlink {color:blue; text-decoration:underline; text-underline:single;} a:visited, span.MsoHyperlinkFollowed {color:purple; text-decoration:underline; text-underline:single;} @page Section1 {size:8.5in 11.0in; margin:1.0in 1.25in 1.0in 1.25in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} –>

/* Style Definitions */
{mso-style-name:”Table Normal”;
mso-padding-alt:0in 5.4pt 0in 5.4pt;
font-family:”Times New Roman”;

Contact Houston Immigration Lawyer, Annie Banerjee, for more information.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: