Interim EAD FAQs
| 1. What conditions must be satisfied in order for me to be eligible to apply for the Interim EAD? The San Jose USCIS office has stated that in order for you to be eligible to apply for an interim EAD the following conditions must be met: A. More than 90 days have passed from the received date on the Notice of Action Letter you have received. B. Your requested period of practical training, as noted on the practical training endorsement on your visa document, has already begun. Important: You may not approach the local USCIS office until the start date as indicated on your practical training endorsement that was written on the back of your visa document(page 4) has already passed. Please be aware that this start date cannot be changed (to either an earlier date or a later date) once you have mailed your paperwork to the California Service Center. 2. May I apply for an interim EAD before the 90th? No, you may not apply before the 90th day, and you must apply in person. Also, if you move away from the jurisdiction of the San Jose USCIS office you will not be able to apply for an interim EAD from that office at a later date, and, keep in mind that not all local USCIS offices issue interim EAD cards. 3. Where do I go to receive my interim EAD? You may go in person to request an interim EAD after you have scheduled an appointment through the USCIS website. The website is named "InfoPass" and may be accessed at the following site: After making an appointment, you can either go to the San Francisco USCIS Office (only students living in San Mateo County, San Francisco County, and Alameda County are eligible to apply at the San Francisco USCIS Office) or the San Jose USCIS Office (for students living in Santa Clara County: Stanford, Palo Alto, and south to San Jose). The San Francisco USCIS Office is located on the corner of 630 Sansome and Washington Street. But the front desk (information line) has been moved from the second floor to the first floor on Washington Street. The USCIS street address is: 444 Washington Street, San Francisco, CA 94111. The San Jose USCIS Office is located at 1887 Monterey Road (Highway) in San Jose. 4. What do I need to take with me when I apply for the interim EAD? To apply for the Interim EAD, take the following documents to USCIS in San Jose: 1) Your I-20 (original AND photocopy of front and back) 2) Notice of Action letter (original and photocopy) 3) Passport and photocopies of relevant passport pages 4) I-94 card (original and photocopy of front and back of I-94 card) 5) Newly completed I-765 (Application for Employment Authorization) form. Write "INTERIM EAD, NO FEE" on top of the form. This form is available on USCIS Forms 5. Will I be charged another $120 for requesting the interim EAD? If your original request for an EAD is still pending, and your request has yet to be approved by the California Service Center, you will not be charged for an interim EAD. However, if your original EAD has been approved (but has yet to arrive) and you request an interim EAD from the San Jose USCIS office, your request may or may not be granted; if it is granted you will be charged $120 for this request. 6. The USCIS processing times for Optional Practical Training seem to vary. For example, my Notice of Action letter stated "90 days," and the message at the California Service Center (CSC) stated 120-140 days, and when I actually got through to the CSC the officer told me 150 days! When do you actually think I will receive my original EAD? It is not unusual for the USCIS to state the processing dates in a variety of time frames... so the Notice of Action letter will state one thing and the message on the *USCIS phone will state something totally different. Most students will have their EAD approved by the 120th day... but regardless, you will be able to request an interim EAD by the 91st day from the receipt date as long as you satisfy the conditions mentioned above. 7. What is a phone number to contact the USCIS in case my I want to check the status of my original request? You may contact the California Service Center through their customer service number, called the "ask USCIS number," in Laguna Niguel, CA: (949) 831-8427. This number reaches a pre-recorded message that asks you for your WAC#. Ultimately you may even be able to speak to an USCIS officer if you call between 9am and 4:00pm, or you may call before 9am for just the standard pre-recorded message without access to an USCIS officer. Since this number is almost impossible to reach during business hours, we suggest you call very late at night or very early in the morning. Please be aware that this number accepts about 600-700 "live assistance" calls out of the 4,000+ calls it receives daily! 8. I did not receive the Notice of Action letter which states my WAC# to help me trace the progress of my EAD application. How can I get this WAC#? Usually, you will get the Notice of Action letter about 2-4 weeks after you send your application. (It is impossible to "generate" a new letter by contacting USCIS!) This Notice letter acknowledges formally that your application has been received and that your request will be processed in "approximately 90 days from the date of this receipt notice." The WAC# (formally called the Western Adjudication Center #) is the receipt number issued by USCIS. This 10-digit number will be handwritten on your $120 cancelled check (for processing form I-765). If you do not receive your checks after they have been cashed, please request a photocopy of your cancelled check from your bank. 9. How long will the interim EAD be valid? The San Jose USCIS office issues the interim EAD for up to 8 months (the San Francisco USCIS office issues interim EAD's from 1-3 months.... but usually 3 months). 10. Can I use my interim EAD to re-enter the U.S. even though I have not obtained my original EAD from the California Service Center? Yes. 11. Can I leave the U.S. after I graduate and then re-enter and apply for the interim EAD? No. In order to re-enter after completion of your studies you must have a valid EAD. The interim EAD will facilitate your re-entry but you must also have: A. Valid passport B. Valid visa stamp in passport (visa stamps may only be renewed outside of the U.S., ideally in your home country. Note: Canadian citizens are not required to have a visa. C. Original visa document ID Student Copy, with the original practical training "recommendation" written on "the back" of page 4. D. Signature for re-entry on "the back" of the visa document(IMPORTANT: once the student has applied for post-completion practical training, the signature is valid for only 6 months, not 1 year). E. Employment Authorization Document (EAD) F. Proof of funding (if you have a job offer letter, keep it together with your visa document. If you do not have a job offer, and you travel for a brief period, you should carry with you a bank statement that will reflect enough funds to cover your living expenses while you are in the U.S. NOTE: As is true for all USCIS policies this information is subject to change. |
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