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Results 1 to 8 of 8

Thread: This is what INS service center told me

  1. #1
    Here is my case: My AOS is being processed at NY city office. I want to start my renewal EAD process but I am moving in month (it is very likely that I get a fingerprint appointment after that). So I was planning to wait.

    THe weird thing in my case is I am moving to Washington but just after to 2 weeks of moving my hubby will have to go to Georgia for 4 months (federal training) and since I dont want to be alone in our new house, I will move with my parents during that time (they live in Florida). So I was thinking of waiting and start the renewal of my EAD in Florida even though INS has NY as my last address. I can send the change of address form, saying Florida is a temporary address (for 4 motnhs only). The thing is, I dont want my AOS file, moving from office to office. Once I am settle in Washington (that would be November) I want the AOS file to be transfer there.

    So I call the INS and this is what the operator told me:

    1. Renewal of EAD are 90 days before they expire. I told them that their web page says 6 months and she said again "90 days" (like a robot programed to give an answer without reasoning).

    2. She says there is no "temporary" address. No matter how long I will stay in a place (in this case Florida for 3 months), they will move my file. She also said I dont have to option to tell INS to leave my AOS file in its original district office. The AOS file HAS TO MOVE with me.

    3. She said I can not file for a EAD renewal with a different address because the new district office wont have my AOS file (that makes some sense). However, since it takes a long time for a file to be transfered, I may not get a new EAD.

    4. She says goverment mail is not forwarded by the Postal Office so if I move, I wont receive any notification from INS (which is stupid because it takes INS about 2 months to update an address and what happens in the meantime).

    5. She can not tell me when is the most available date for having fingerprints and biometrics in NY. I thought about filing the EAD renewal by internet if I can take the fingerprints here before moving. Her answer: "first you have to pay the fee and then I can tell you when is a date available".

    So please, if you think this INS lady is wrong (like 50% of time service center makes mistakes), help me. What can I do? WHere do I file the EAD? Can I do it in a district office that doesnt have my AOS file? Can I inform about a change of address and ask INS not to transfer my file because is temporary (just 3 months). SInce they USPS dont transfer goverment mail, I have to change my address, right?

  2. #2
    Here is my case: My AOS is being processed at NY city office. I want to start my renewal EAD process but I am moving in month (it is very likely that I get a fingerprint appointment after that). So I was planning to wait.

    THe weird thing in my case is I am moving to Washington but just after to 2 weeks of moving my hubby will have to go to Georgia for 4 months (federal training) and since I dont want to be alone in our new house, I will move with my parents during that time (they live in Florida). So I was thinking of waiting and start the renewal of my EAD in Florida even though INS has NY as my last address. I can send the change of address form, saying Florida is a temporary address (for 4 motnhs only). The thing is, I dont want my AOS file, moving from office to office. Once I am settle in Washington (that would be November) I want the AOS file to be transfer there.

    So I call the INS and this is what the operator told me:

    1. Renewal of EAD are 90 days before they expire. I told them that their web page says 6 months and she said again "90 days" (like a robot programed to give an answer without reasoning).

    2. She says there is no "temporary" address. No matter how long I will stay in a place (in this case Florida for 3 months), they will move my file. She also said I dont have to option to tell INS to leave my AOS file in its original district office. The AOS file HAS TO MOVE with me.

    3. She said I can not file for a EAD renewal with a different address because the new district office wont have my AOS file (that makes some sense). However, since it takes a long time for a file to be transfered, I may not get a new EAD.

    4. She says goverment mail is not forwarded by the Postal Office so if I move, I wont receive any notification from INS (which is stupid because it takes INS about 2 months to update an address and what happens in the meantime).

    5. She can not tell me when is the most available date for having fingerprints and biometrics in NY. I thought about filing the EAD renewal by internet if I can take the fingerprints here before moving. Her answer: "first you have to pay the fee and then I can tell you when is a date available".

    So please, if you think this INS lady is wrong (like 50% of time service center makes mistakes), help me. What can I do? WHere do I file the EAD? Can I do it in a district office that doesnt have my AOS file? Can I inform about a change of address and ask INS not to transfer my file because is temporary (just 3 months). SInce they USPS dont transfer goverment mail, I have to change my address, right?

  3. #3
    if everything the officer told u is correct, maybe then u should try to find a family member or a friend to move into the new house with u until your husband returns. that way u can have your file transfered immediately. just a suggestion .

  4. #4
    Originally posted by Cayita:
    Here is my case: My AOS is being processed at NY city office. I want to start my renewal EAD process but I am moving in month (it is very likely that I get a fingerprint appointment after that). So I was planning to wait.
    When does your EAD expire? Is it based on a marriage to a U.S. citizen?

    The weird thing in my case is I am moving to Washington but just after to 2 weeks of moving my hubby will have to go to Georgia for 4 months (federal training) and since I dont want to be alone in our new house, I will move with my parents during that time (they live in Florida). So I was thinking of waiting and start the renewal of my EAD in Florida even though INS has NY as my last address. I can send the change of address form, saying Florida is a temporary address (for 4 motnhs only). The thing is, I dont want my AOS file, moving from office to office. Once I am settle in Washington (that would be November) I want the AOS file to be transfer there.
    There is a difference between your mailing address and your official domicile (place of residence). That place would remain Washington. You could have a temporary mail forward to the Florida address, but you would still have to show up at whatever local USCIS office servicing your case. Now, when you move to Washington (or preferably when you know the new address) make sure you do a change of address AR-11 form and send it (to Kentucky, I think) in. However, since you will not have established domicile in Florida, you won't be able to process your EAD there.

    So I call the INS and this is what the operator told me:

    1. Renewal of EAD are 90 days before they expire. I told them that their web page says 6 months and she said again "90 days" (like a robot programed to give an answer without reasoning).
    NOT true. We are telling our clients to get ready with EAD extensions at least 5 months in advance so that there is no issue with unauthorized employment or gaps. Now, I don't know if you know this, but by Federal Regulations, if USCIS has not granted you an EAD within 90 days of receipt, you can go in person to the local USCIS office (with copy of receipt for your I-485 showing it is pending, copy of the I-765 paperwork; if you go to the NY city office (26 Federal Plaza) make sure you get there in line at around 4 a.m. (yes, a.m.).

    2. She says there is no "temporary" address. No matter how long I will stay in a place (in this case Florida for 3 months), they will move my file. She also said I dont have to option to tell INS to leave my AOS file in its original district office. The AOS file HAS TO MOVE with me.
    I thought you said you'd be in Fl. for 2 weeks. Again, since you are just there temporarily, you do not want to submit a change of address from Washington to Florida.

    3. She said I can not file for a EAD renewal with a different address because the new district office wont have my AOS file (that makes some sense). However, since it takes a long time for a file to be transfered, I may not get a new EAD.
    Pure BS! Again, always file a change of address form AR-11 for permanent address changes. However, I don't see why you have to have your EAD done in Fl. In any case, you would still have to go for fingerprints at a local USCIS office. Would it be possible for you to remain at your home in Washington until you get your EAD, to avoid having USCIS lose your file??? I'd rather ensure that I get my EAD than sacrifice my EAD to go to Florida... but that's me.

    4. She says goverment mail is not forwarded by the Postal Office so if I move, I wont receive any notification from INS (which is stupid because it takes INS about 2 months to update an address and what happens in the meantime).
    Here's where I'm confused. You filed the AOS with the NY office. You are moving to Washington, which will be your permanent address. Then, because your husband will be out of town, you'll go to Florida for a little while. If this is the case, the only address change form AR-11 to file will have the old NY address and the new Washington address, which is your domicile. Florida is not an address, because it's not your domicile. Again, please weigh the pros and cons of going to Florida versus getting your EAD...

    As to mail from USCIS not being forwarded, that's BS. Although I filed a change of address reflecting my new domicile, I still got an approval notice sent to my old address, but which was forwarded by the mail to my new address...

    5. She can not tell me when is the most available date for having fingerprints and biometrics in NY. I thought about filing the EAD renewal by internet if I can take the fingerprints here before moving. Her answer: "first you have to pay the fee and then I can tell you when is a date available".
    It's true that they cannot know when a fingerprint appointment will be available, it is also true that you have to pay to know... the way they're doing it right now is to issue a fingerprint notice asking you to call a 1-800 number to set up the appointment... but they only issue this notice upon receipt of your I-765 request and filing fee.

    Again, you should not change your address for USCIS purposes to Florida. The mail will deliver your mail to your Florida address if you request a temporary forward (www.usps.gov for more information). As to where you file, it depends on the timeline of your move from NY to Washington and when your EAD expires. If you are not moving until, say, July, file the EAD here now... If you are moving tomorrow, file the AR-11 first, keep a copy of it, then file it and the EAD extension request with the Washington office. Usually, a receipt will be mailed to you within 2-3 weeks.

  5. #5
    NYCImmParalegal,

    You are so nice for your answer. This is a little summary and what I have found out

    1. My AOS is marriage-based. We live in NYC and will move to Washington in a month (no time for a renewal here).

    2. We are moving to Washington but we are staying one for a couple weeks (just to leave our new house ready). Nobody will stay there.

    3. I will "move" to Florida for 3 months. My hubby will do the same to another State.

    4. I called Postal Service and they say they dont forward mail that says "do not forward", which us commonly used in gov. matters. Therefore, I wont have any way to get the INS mail sent to my new (and empty) house in Washington.

    So do you think I can send today a AR-11 to INS giving my new address in Florida, saying that is starts in 6 weeks and will last just 3 months (there is a part in that form where you can say if your address is temporary)? Now, can I start my EAD renewal today mentioning my Florida address and scheduling the fingerprints there? Will my AOS file be transfer to FL even if I state in a letter no to do it or will it be necessary in order to issue a EAD renewal? I plan to skip Washington as an address until my hubby and I go back there again to live permanently. Even though it will be my new home in a month, there will be nobody there until October.

    I know this are to many questions and I should pay you for the legal advice. But if you give me your address I will send you chocolates

  6. #6
    Just tell them that it will be your permanent address. When you move out of your parents' house, call again and let them know that your permanent address has changed. I know that they are real sticklers. Last time I moved, I called and said, "I will be moving tomorrow to 'such and such' address". The woman said she could not change my address in the system since I hadn't actually moved yet. I said, "All my stuff is there and I'll sleep there tomorrow night." She responded with the same robotic answer. I got a little frustrated and said, "Fine!, I've already moved there. Is that what I need to say?" She said, "Sorry ma'am, but I can't change your address in the system. Please call back when you have moved. Have a nice day." She hung up on me. I got frustrated because I work during business hours and barely ever get an opportunity to call. I don't blame her for hanging up, since I probably would have started to get mean, but it still annoyed me. I know that she was just doing what she is trained to do.........
    Have a nice day

  7. #7
    Hi everyone:

    I need some advice on my AOS situation.
    Here is my case: My AOS is pending at LA city office. I had my interview on 12/05/03, but so far I haven't receveid any notice of approval from BCIS, neither have I got a stamp on my passport. Also, my EAD is due in July/04 and my fingerprinting is good through June/04.
    I visited LA INS office in person on 04/12/04 and the only feedback I got from an officer was that I should wait for 6 months(from the interview day) to receive my GC through mail.
    I then asked for a stamp on my passport, but he replied he couldn't do that because my case was still pending(apparently it's still backlogged in some service center).
    I filed an inquiry at the local INS office 4 weeks ago, but I haven't received any answers yet.
    What should I do in my situation? Any advice? Suggestions?!
    Thanks in advance!

  8. #8
    suggestion keep checking online, when it says approved then got to INS for stamp.Noone can override backlog.
    Its a discussion, not a legal advise..

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