One of my friend filed asylum from New York this summer but had to transfer the case to Chicago Office becaue he moved there last month. He already gave biometrics in NY but hadn't had interview. NY office sent him a letter that his case will be forwarded to Chicago Office. Its like 3 months that he filed for asylum in NYC. Can anyone from sajha help him to clear his confusions?  I don't have much idea about it. Also, he lost his job and so nervous these days.

1. When can he apply for EAD? Since he hasn't gave interview, can he even apply for EAD? 


I don't know much about the clocking thing. Does the clock gets stopped when transferring the case to another office? 

One of the website says interim EAD is possible but it says, "Interim EADs may be requested if USCIS does not approve or deny your application within 90 days. That period is 30 days for asylum seekers, but asylum applicants are eligible to request EADS only after waiting 150 days after they filed their asylum application."

If anyone could explain about these things and about EAD criteria, it would be a great help.

Thanks

Why did he move his case from NY to Chicago? I heard most asylum cases are granted in NY than in any other states.

EAD is another word for work permit.
And yes, he can apply for work permit even though he hasnt had the interview yet but he has to wait for 150 days after the day he officially applied. He has to wait for roughly 5 months before he can apply. For example, if he applied for asylum in July 2011, he has to wait until Dec 2011 to apply for the work permit.

 immigrationportal.com will be your best bet. It is an amazing site for all immigration related questions. 

Good luck. 

 violet7 and footyfan: thanks for your reply.

Does transferring the case to another centre have any impact on this 150 days thing? NY office said they will transfer his case to CHicago but he has no idea how long will it take to trasnfer the case.  Can he apply for EAD no matter how long it takes to transfer the case? Is his clock (of 150 days) stopped when trasnferring the case or he should be fine applying for EAD after 150 days?

It would be a great help if anyone can provide some information regarding these too.

sorry but i would personally think they might be denied based on the fact that delay is not caused by the uscis or ehor. i maybe wrong tho. 

 please follow this link and read  the 1st para on right side at page 6  link: http://www.uscis.gov/files/form/i-765instr.pdf

Khatechor, just count 150 days after the day the asylum application was filed. The clock doesnt stop.

 Khatechor (kasto bewakuf nickname yaar), you'll be wasting your time if you relied on sajha for immigration related questions. Immigrationportal.com has a number of experts (lawyers, law students and other knowledgeable members) who can walk you through any question related to immigration. 

Good luck. 

 footyfan is right, immigrationportal is a very good website i have used that several times but again just like any website you get there lots of wanna be lawyers who try to act like they know it all when in reality they don't so be careful. with that, i am not an asylee or a lawyer i am just doing some google research to help you out here. In that case, violet may be 100 % right cuz she might be a lawyer, paralegel or even an asylee who's been through the process. 

i would like to bring your attention to the following and find out youself if the 150 days clock has stopped for the applicant or not:


source:http://www.worldlawdirect.com/forum/immigration-law-visas/46033-employment-authorization-card-asylum-ead-clock.html
don't skip the bolded texts 
Conclusions:

1. Before an Employment Authorization Document (EAD) is received, an asylum applicant waits for the grant of asylum or for an application to remain pending for 180 days according to the “asylum clock.” 
2. The asylum clock keeps a track of how many days are credited towards the time an asylum application has been pending, without counting any delay caused by the asylum applicant.
3. The clock starts on the date that the applicant submits a complete asylum application.
4. Once the asylum EAD clock reaches 150 days, the asylum applicant may apply for an EAD.
5. An applicant whose asylum application has been denied by an asylum officer or by an immigration judge within the 150-day period shall not be eligible to apply for employment authorization.
6. A delay in the adjudication “caused” by the asylum applicant will stop the clock only during the time the delay exists.
7. The asylum clock restarts when the applicant “does appear to receive and acknowledge receipt of the decision or until the applicant appears before an immigration judge in response to the issuance of a charging document.
8. The clock permanently stops if an asylum applicant fails to appear for an interview with an asylum officer or for a hearing before an IJ unless the applicant demonstrates that the failure to appear was due to exceptional circumstances.
9. Respondents may check the status of the clock at any time by calling EOIR’s Automated Status Query System at 1-800-898-7180. According to EOIR, the 800-number is updated within the next day whenever there is a change to the clock.
10. Motion to change venue is not covered in the OPPM and will stop the Asylum Clock.

Violet7 , would you please be kind enough to share what makes you think the clock doesn't stop? cuz everything i find out there it seems like it does stop, please be kind to read the comments by lawyers below. I hope you were not just throwing it out there cuz i am sure you are responsible enough to understand asylum is a serious business to lots of people out there. 



source:http://www.avvo.com/legal-answers/ead-clock-restart-393566.html

EAD Clock Restart Asked 10 months ago - Jackson Heights, NY Immigration EAD clock for my case was stopped after motion to change of venue to another state was approved. I applied EAD and was denied because of EAD clock was stopped. My master hearing date was in the beginning of next year, I would like to know whether the Judge will restart the EAD clock or not. I have heard from many people that there were couple of cases where their EAD clock were not restarted. I would like to know under which circumstances they usually don't restart the clock. Appreciate very much for the answer.   Save Share with:   <[Disallowed String for - i frame not allowed] id="fefce247c" name="f107d0a448" scrolling="no" title="Like this content on Facebook." class="fb_ltr" src="http://www.facebook.com/plugins/like.php?action=recommend&channel_url=http%3A%2F%2Fstatic.ak.fbcdn.net%2Fconnect%2Fxd_proxy.php%3Fversion%3D3%23cb%3Df1c6dd6ab8%26origin%3Dhttp%253A%252F%252Fwww.avvo.com%252Ff1e0ca8b5c%26relation%3Dparent.parent%26transport%3Dpostmessage&extended_social_context=false&href=http%3A%2F%2Fwww.avvo.com%2Flegal-answers%2Fead-clock-restart-393566.html&layout=button_count&locale=en_US&node_type=link&sdk=joey&send=false&show_faces=false&width=130" style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; border-style: initial; border-color: initial; font-style: inherit; font-size: 12px; font-family: inherit; vertical-align: text-bottom; position: relative; border-width: initial; border-color: initial; overflow-x: hidden; overflow-y: hidden; height: 20px; width: 130px; border-top-style: none; border-right-style: none; border-bottom-style: none; border-left-style: none; border-width: initial; border-color: initial; "> <[Disallowed String for - i frame not allowed] src="http://platform.twitter.com/widgets/tweet_button.html#_=1318829937207&count=horizontal&id=twitter_tweet_button_0&lang=en&original_referer=http%3A%2F%2Fwww.avvo.com%2Flegal-answers%2Fead-clock-restart-393566.html&text=EAD%20Clock%20Restart%20-%20Avvo.com&url=http%3A%2F%2Fwww.avvo.com%2Flegal-answers%2Fead-clock-restart-393566.html" allowtransparency="true" frameborder="0" scrolling="no" class="twitter-share-button twitter-count-horizontal" title="Twitter For Websites: Tweet Button" style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; font-style: inherit; font-size: 12px; font-family: inherit; vertical-align: baseline; width: 110px; height: 20px; "> <[Disallowed String for - i frame not allowed] allowtransparency="true" frameborder="0" hspace="0" id="I1_1318829938296" marginheight="0" marginwidth="0" name="I1_1318829938296" scrolling="no" src="https://plusone.google.com/u/0/_/+1/fastbutton?url=http%3A%2F%2Fwww.avvo.com%2Flegal-answers%2Fead-clock-restart-393566.html&size=medium&count=true&annotation=&hl=en-US&jsh=r%3Bgc%2F24479126-6666cb8c#id=I1_1318829938296&parent=http%3A%2F%2Fwww.avvo.com&rpctoken=329143749&_methods=onPlusOne%2C_ready%2C_close%2C_open%2C_resizeMe" tabindex="-1" vspace="0" width="100%" title="+1" style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; font-style: inherit; font-size: 1px; font-family: inherit; vertical-align: baseline; width: 90px; border-top-style: none; border-right-style: none; border-bottom-style: none; border-left-style: none; height: 20px; position: static; left: 0px; top: 0px; visibility: visible; ">   Attorney answers (2) Kevin Lawrence Dixler  Answered 10 months ago. This attorney is licensed in Illinois. The clock is stopped if the respondent/applicant requests a continuance The Court is obligated to give the first available date for asylum unless a date is unavailable. The request for action other than a final hearing stopped the clock.  You must now prevail on your asylum claim. Otherwise, you will not qualify for employment authorization. You should retain an attorney to help avoid the same fate that you experienced before the asylum office. The referral to the immigration court meant that an asylum officer was unconvinced of your claim. Perhaps, better preparation and documentation of your asylum may result in a favorable decision.  The above is general information and does not create an attorney client relationship.   Mark as good answer   Clicking the mark as good answer button helps us highlight the best answers.   1 person likes this answer   Add comment   Ekaette Patty-Anne Eddings Answered 10 months ago. This attorney is licensed in New York. The action of applying for change of venue stopped the clock.  It is advisable to have an immigration lawyer to represent you if you have concerns about your case.  Goodluck.

Sorry it did not copy pase right on the previous thread

Source: http://www.avvo.com/legal-answers/ead-clock-restart-393566.html


 Question : EAD clock for my case was stopped after motion to change of venue to another state was approved. I applied EAD and was denied because of EAD clock was stopped. My master hearing date was in the beginning of next year, I would like to know whether the Judge will restart the EAD clock or not. I have heard from many people that there were couple of cases where their EAD clock were not restarted. I would like to know under which circumstances they usually don't restart the clock. Appreciate very much for the answer.

Answer 1:The clock is stopped if the respondent/applicant requests a continuance The Court is obligated to give the first available date for asylum unless a date is unavailable. The request for action other than a final hearing stopped the clock. 

You must now prevail on your asylum claim. Otherwise, you will not qualify for employment authorization. You should retain an attorney to help avoid the same fate that you experienced before the asylum office. The referral to the immigration court meant that an asylum officer was unconvinced of your claim. Perhaps, better preparation and documentation of your asylum may result in a favorable decision. 

The above is general information and does not create an attorney client relationship.

Answer 2: The action of applying for change of venue stopped the clock.