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Employment Authorization - "90-Day Rule" "Our mission is to help individuals and their families through the U.S. immigration process, delivering excellence and the highest possible degree of client satisfaction along the way."
| Employment Authorization - "90-Day Rule" |
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| Monday, 02 February 2004 | |
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A January 21, 2004 teleconference between the American Immigration Lawyers Association (AILA) and the CIS National Benefits Center (NBC) contains a discussion about the issuance of an interim Employment Authorization Document (EAD) for individuals who have filed an Application for Work Authorization (I-765) which is pending for more than 90 days.
Here is the quote from the teleconference: "...Our goal is still to have the EAD in the recipient's mailbox within 45 days from the date of filing. We believe that we can get there. However, until we are there and in any situation where more than 90 days has passed, the individual should be able to obtain an interim EAD from the local district office. The only difference in processing between an e-filed I-765 and one that is mailed is the method of receipt. All other processing is the same." You should file for your EAD renewals at least 90 days before they are set to expire. While you are permitted to file after this time, it is to your benefit to file this early. This is because you may not work beyond the expiration date of your current EAD unless you have obtained your EAD renewal or an interim EAD. EAD renewals often take more than 90 days, however once you have had your I-765 pending for 90 days, you become eligible to seek an interim EAD from a local INS office. It is best that you thus file at least 90 days prior to your EAD expiration so that you do not have to suffer a lapse in your ability to work Some information used in this article was obtained from AILA Infonet at Doc. No. 04012810 (Jan. 28, 2004) |
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