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EAD question-very important

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  • EAD question-very important

    I read in this lawyer's book that : Regardless of where the work permit application is filed, the INS is supposed to process it within 90 days. In the meantime, an individual with a receipt notice for a work permit application and a social security number, is IMMEDIATELY authorized to work during that 90-day period. It's that true or not? i read it from a distinguish lawyer that knows about Immigration.

  • #2
    This is just speculation, but I would assume you are allowed to work until you actually have the work permit. The fact that you have the receipt only shows that you have paid for and submitted the paper work. At that point the INS has no way of knowing if you are actually eligible for work since they haven't processed you paper work yet. I think you are only allowed to work if you have the work permit.


    • #3
      I started out my post wrong. I meant that I don't think you are allowed to work until you have the work permit.


      • #4
        INS is under no obligation to process I-765s for EADs within 90 days. It is not true that you can work if more than 90 days have passed since the date of your receipt. Like the previous poster said, the receipt only indicates that you paid and you filled out the form. It does not indicate that a decision has been made or reached on your case.

        Some local INS offices allow you to walk in and get your EAD if more than 90 days have passed. Check with your local INS office.