Can I claim for a Temporary EAD card no matter what the status of the case with USCIS?

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Applied for EAD (a(18) L2 Visa) to USCIS on 13th of Dec,2009. USCIS has posted a notice on Jan25th,2010 which I haven't yet recieved. I complained regarding the same to the customer support and still don't see any action from USCIS. I haven't changed my address after the application. I have got both the Ackowledgement & Biometrics test notices in time. Can I apply for a temp EAD card after the 90 day period no matter what the status of the case is? If not, What are the possible statuses in which I can apply for a temporary EAD card? Thanks in Advance

Attorney Answer

1
Jeffrey Devore ·
If your application for an EAD has been pending for more than 90 days, you can apply for interim employment authorization. Unfortunately, this is easier said than done. Since you applied on 12/13/2009, you don't reach the 90 day limit until 03/13/2010. It can typically take 45 to 60 days after completing biometrics before an EAD is issued.The USCIS process to request interim employment authorization is to call the same number you complained to to request that it be issued.
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