Pending EAD (with AOS from K1) but employer wanting to hire ASAP

[Marie & Tom 2]

Hello!

My husband is still waiting on his EAD (he had his biometrics on 1/27) and we're a little concerned. We were hoping it would be processed by now. Through a friend of mine, we found a company who is wanting to hire my husband to work and has so far been willing to wait until he gets his EAD. But we thought he would have it by now. Is there a way to speed things up? Should we be concerned that he hasn't received it yet?

Any help is appreciated, thank you!

Edited March 25, 2016 by Marie & Tom

[Ash.1101 1,755]

There is no way to speed it up.


Just like not making hard plans when you come in on a K1 visa or any other visa, you shouldn't apply or tell anyone that you can work by any date unless you already have the EAD in hand. Same with the visa, you shouldn't assume it'll just be approved or go the "normal waiting time". There could be extended review on the application, the RFE could be taking longer than normal to review, either way your wait time is based on how fast they get to processing it.

Good luck and keep waiting. Try not to have anyone commit to anything until your husband is legally able to work.

[Marie & Tom 2]

Does a RFE for the AOS effect the EAD and AP processing times as well? There's been no updates on the USCIS site for the EAD and AP since they received them in December, but the AOS page has updated many times with the infor in regards to the RFE and receiving what we sent back for it. We were planning on calling tomorrow to see if there was anything new they could tell us over the phone.

[MarkerOne 4]

EAD takes up to 90 days to be approved and you guys are not far away from that date...If the employer waiting this long am sure he could wait for another month...

[Transborderwife 4,666]

You can ask for an expedite with a valid job offer

[Marie & Tom 2]

You can ask for an expedite with a valid job offer

How can we do that!? Is that something we can do on the phone with USCIS or is that more paperwork?

[MarkerOne 4]

You can ask for an expedite with a valid job offer

Expedite Criteria

USCIS review​s​ all​ expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership.​ The burden is on the applicant or petitioner to demonstrate that one or more of the e​xpedite criteria have been met.​​

​USCIS may expedite a​ petition or application if it meets one or more of the following criteria:​

• Severe financial loss to company or ​person​;​
• Emergency situation;​
• Humanitarian reasons;​
• Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States​;​
• Department of Defense or ​n​ational ​i​nterest ​s​ituation;​
• USCIS error; or​
• Compelling interest of USCIS.​

[Ash.1101 1,755]

Does a RFE for the AOS effect the EAD and AP processing times as well? There's been no updates on the USCIS site for the EAD and AP since they received them in December, but the AOS page has updated many times with the infor in regards to the RFE and receiving what we sent back for it. We were planning on calling tomorrow to see if there was anything new they could tell us over the phone.

Tbqh, searching on VJ gives two answers. One that it doesn't, and the second that all processing stops on everything you sent in until they get and process the RFE, since it all came together as an AOS package. I'm personally on the side that it probably can delay it at least by a few days if not a couple of weeks minimum.

Today's your 90th day from them receieving your AOS package. I'd wait a couple of more weeks at least before bugging them.

Edit: It'd probably be faster to just wait for the EAD than to try to expedite the process. You're already at the 90th day, it could be any day now you hear from them.

Edited March 25, 2016 by Ash.1101

[Marie & Tom 2]

Expedite Criteria

USCIS review​s​ all​ expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership.​ The burden is on the applicant or petitioner to demonstrate that one or more of the e​xpedite criteria have been met.​​

​USCIS may expedite a​ petition or application if it meets one or more of the following criteria:​

• Severe financial loss to company or ​person​;​
• Emergency situation;​
• Humanitarian reasons;​
• Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States​;​
• Department of Defense or ​n​ational ​i​nterest ​s​ituation;​
• USCIS error; or​
• Compelling interest of USCIS.​

Well that's not as helpful as I was hoping... I thought it was just if he had a job offer then we could ask for an expedite.

[MarkerOne 4]

Well that's not as helpful as I was hoping... I thought it was just if he had a job offer then we could ask for an expedite.

Your biometrics were done on 1/27, that is around 58 days ago...you really not far off from getting the approval and it could be anytime even though it says "UP to 90 day" just be patient and talk to the employer to see if he can give you more time...

[Unlockable 7,306]

It has only been around 60 days for your husband well withing the 90 days. Average VJ timeline for EDA is 81 days. VisaJourney EAD Timeline

Hopefully it won't be as long for you. Good luck.

[Marie & Tom 2]

It has only been around 60 days for your husband well withing the 90 days. Average VJ timeline for EDA is 81 days. VisaJourney EAD Timeline

Hopefully it won't be as long for you. Good luck.

It's been 58 days since his biometrics and 91 days since they received the AOS package. Based on those averages you've linked, we're outside all of the timelines unless I've mistaken something.

[Ksenia_O 695]

I successfully requested to expedite my EAD, so if you really want to do this, you should call USCIS call center and place a request to expedite.

They will ask you a reason - put # 1, "Severe financial loss to company or ​person​". They will give you a # of your request (Referral ID).

Within 5 days (or so) you should receive a email or regular mail:

"Type of service requested:
-- Expedite

The status of this service request is:

Upon receipt of your request for expeditious handling, your case was reviewed and a determination was made that we need additional information to make a decision regarding your request. Please fax proof of your financial loss, such as proof of a pending job offer, to the following number: 816-251-2290, Attn: XXXXXXXXXX. Please include this notice with your fax. Documents should be submitted with an official letterhead"

I faxed my pending job offer along with a Cover Letter, where I explained why it could be my financial loss.

It took 2 weeks to receive my EAD after placing the request to expedite. It was worth it At least it doesn't hurt to try.

Good luck!

Edited March 25, 2016 by Ksenia_O

[Unlockable 7,306]

It's been 58 days since his biometrics and 91 days since they received the AOS package. Based on those averages you've linked, we're outside all of the timelines unless I've mistaken something.

Ah. Correct. Wait a couple of days and start calling.

Tuesday, maybe?

[MarkerOne 4]

It's been 58 days since his biometrics and 91 days since they received the AOS package. Based on those averages you've linked, we're outside all of the timelines unless I've mistaken something.

Most applicants received their EAD within 65 to 85 days. I would have to say you will be receiving a notice for approval very soon, star hoping for the fist or second week of April...

Edited March 25, 2016 by aayoub1