EAD - Form I-765 Expedited review - Urgent help - please...

[alejandrohda 0]

Hello,

I have a big problem in regards to my EAD application. I would really appreciate somebody to help me,

1.- My EAD-Form I-765 application was submitted on July 22nd. On the website shows that my case is under review.

2.- Last week, I received a job offer from an employer here in the US and for this reason I call a USCIS representative to see if I can expedite my case. I chose the individual financial loss for the reason I need this process expedited. I also mentioned that I can provide proof of this job offer.

3.- On August 21st, I got an email from the USCIS saying that I need to provide enough proof.

4.- The same day, I sent a job offer letter to them.

5.- Today, August 24th, I received an email with the following message

We have received the information and/or documents you submitted and found that they meet the requirements for expedited processing of your Form I765.

Your case is now under expedited review. You should receive a decision or notice of further action within 45 days from the date of this correspondence.

XM1267

Immigration Services Officer

Texas Service Center

U.S. Citizenship and Immigration Services

6.- Since, I did not understand the point with the 45 days, I called again to the USCIS, they said to me that a civil servant was going to phone me, since they did not know what was the point of the message.

7.- A USCIS officer called me saying that my petition for expedited review had been denied, since it did not show enough proof of an individual financial loss. I tried to explain to them what my situation was. However, the lady on the phone was limited to say that I did not provide enough proof and then she hanged up.

In the email, they sent is clearly stated that information and/or documents submitted met the requirement for expedited processing of my form I-765.

Why should I do now???

I tried to call them (USCIS) ten times, but they always say that I need to wait 45 days as the email says... I do not have this amount of time. Please, what should I do?? Why they send me this message and then, I am said that I have been rejected...

Please, help

[Boiler 43,381]

I did not think E2 needed EAD?

[alejandrohda 0]

Hi there,

thanks so much for replying.

Yes, in real the law does not specify that an E-2 spouse has ask the DHS for an EAD. However, my lawyer recommended me that this was the best course of action, since it could be a problem for future immigration processes.

Now, my employer wants to see this EAD.... and that is my real problem

[Boiler 43,381]

OK

So your Spouse has the E2 job and you as the trailing spouse have applied for EAD to work.

I can see how then showing financial hardship could be difficult.

[alejandrohda 0]

Yes you are right. However, I do not understand why they send an email stating that my case meet the requirements and now...

[Amhara 460]

Well, E-2 is for foreign investors, so financial hardship would need to be where you are going to be in dire financial straits if you don't get the EAD faster. Sending just the job offer won't proof that. You may need to send in bank statements showing very low balances or negative balances, late paid bills, collection notices, or anything else you may have that shows your family is strapped right now. The job offer is just secondary evidence that your situation can easily be rectified.

I could see how someone came to US and devoted so much of their capital in a business venture, which was either performing poorly right now, or the personal living expenses were higher than originally planned before the migration. Just keep in mind any documents you submitted for the first visa and reconcile any potentially conflicting information with an explanation.

[Boiler 43,381]

I assume the Spouse is an E2 Employee not Investor.

[Amhara 460]

I assume the Spouse is an E2 Employee not Investor.

Good point.

[alejandrohda 0]

Thanks everyone for the answers.

Yes, my spouse is an E2-Employee not the owner of the company.

Do you think i have to reply them with bank statements and info like that? Should I go directly to my congresswoman?

Thanks

[Boiler 43,381]

No harm trying, issue is that you have a weak argument, you came knowing this.

[alejandrohda 0]

Hello all,

thanks again for your posts.

Yesterday, I phoned again the USCIS and they transferred me to what they call LEVEL 2. The lady in this occasion said to me that I probably should have misunderstood the representative in my first call, since she could not see that the request had been denied. She could only see an email written last Friday asking for more info to make a decision about such expeditious review. She also told me that if I have an email saying that my request had been approved the most likely scenario is that the USCIS officer had transferred the case to the California Service Center in order to handle the case. Now, my question is, how long does it take such process?. My job offer expires on August 31st. I am getting really crazy with this.

Thank you so much

[betancourt84 0]

Hello need help if anybody has gone tru this my husband came in as a k1 visa I was told he was able to wrk with in 180 dys while the ead was bieng process my husband had to stop his job since they employer he was working tru told him he needed the ead approved but he was everify now I have lost my job as well.my question is would he be under any penalty for working with out his ead approved