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Shocked by EAD Processing Time

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Hi Guys! 

 

I applied for AOS (+ EAD and Advanced Parole) back in December and USCIS received my case on December 7th, so exactly 2 months ago. 

 

After I just called USCIS I am totally shocked by the information they gave me. I'm not really in a rush for the green card or advance parole but I need to start working asap to support my husband financially. The gentlemen I spoke with suggested that the National Benefits Center is currently processing EAD applications from September 11th, so that I could expect them to START working on my case in around 3 months. 

 

I already heard that the 90 day EAD processing time promise is not valid anymore, and I UNDERSTAND that the green card takes a long time but can they really expect an immigrant not to work for 5 months (2 months waiting now + 3 months) before they even look at my EAD application? 

 

From what I've read here, most people have received their EADs in around 2-3 months. 

 

Do you think the information the gentleman has given me is correct? 

 

Is there anyway I could expedite the process? I could probably get a job offer but we don't necessarily have financial hardship (although its not easy atm)

 

I would really appreciate your advice. 

 

Thank you in advance!  

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:time:  Also update your profile to the "filed For: Adjustment of Status".

 

You get alot of misinformation on the telephone.  Those who filed EAD/AP in November 2016 are receiving cards 

Edited by LionessDeon

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I would not listen to anything the misinformation line tells you. For all you know, he thought you were asking about the green card, or gave you the info for the person who had been waiting the longest (due to an RFE or something) or just made up a date to buy them some time. I have been here at VJ for almost 3 years now and I can tell you that that line has caused more problems than it has solved. They're probably working off of one of these charts, which if you'll notice haven't been updated since Nov 30. The VJ timelines show an average of 88 days, and I'd be inclined to believe them over USCIS. But I believe my 6 year old niece on this subject before I believe USCIS.

 

Now, that said, the 90 day thing is still a "rule" they need to follow even if it's not realistic anymore. The fun thing about UCSIS rules is that they can break them with impunity and there's no one to enforce them especially not these days. But... you can still do a service request. I heard of people doing this at day 75 or 78 or something but I never bothered. I did contact them on day 91 and had the EAD by day 104. 

 

https://egov.uscis.gov/e-request/displayONPTForm.do?sroPageType=onpt

 

Now, fair warning, I think this made them angry because I then got an RFE for the green card application. For something 100% not my fault. A piece of paper they already had and that I did not have access to. It would have cost $500 to get it again (it was the medicals). Part of me still feels that this was my "punishment" for doing the service request for the EAD ("oops we can't fine this very critical and expensive to replace piece of paper"), part of me thinks that I just think that because I have a pretty low opinion of USCIS after all these years. The truth may be somewhere in between. For what it's worth, I had my congressman contact them about the missing medical (I told them exactly where it was-- in the sealed envelope submitted at the border). They magically found it and sent me a letter telling me to nevermind the RFE.

Edited by CatherineA

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Always expedite if you have the opportunity.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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4 hours ago, Boiler said:

Always expedite if you have the opportunity.

Hi

to expedite the ead does a future employement letter is enough ? We filed the required form for financial support by the petitioner so i'm scared that expedite due to financial loss could jeopardize the whole case.

also in case expedite is denied I read many people thinking that the case goes down the pile and additional waiting time can be expected ... ;(

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4 hours ago, Boiler said:

Always expedite if you have the opportunity.

Hi

to expedite the ead does a future employement letter is enough ? We filed the required form for financial support by the petitioner so i'm scared that expedite due to financial loss could jeopardize the whole case.

also in case expedite is denied I read many people thinking that the case goes down the pile and additional waiting time can be expected ... ;(

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If there is any delay it seems to be marginal.

 

Plenty of people have used a job offer and they all had sponsors.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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9 hours ago, CatherineA said:

I would not listen to anything the misinformation line tells you. For all you know, he thought you were asking about the green card, or gave you the info for the person who had been waiting the longest (due to an RFE or something) or just made up a date to buy them some time. I have been here at VJ for almost 3 years now and I can tell you that that line has caused more problems than it has solved. They're probably working off of one of these charts, which if you'll notice haven't been updated since Nov 30. The VJ timelines show an average of 88 days, and I'd be inclined to believe them over USCIS. But I believe my 6 year old niece on this subject before I believe USCIS.

 

Now, that said, the 90 day thing is still a "rule" they need to follow even if it's not realistic anymore. The fun thing about UCSIS rules is that they can break them with impunity and there's no one to enforce them especially not these days. But... you can still do a service request. I heard of people doing this at day 75 or 78 or something but I never bothered. I did contact them on day 91 and had the EAD by day 104. 

 

https://egov.uscis.gov/e-request/displayONPTForm.do?sroPageType=onpt

 

Now, fair warning, I think this made them angry because I then got an RFE for the green card application. For something 100% not my fault. A piece of paper they already had and that I did not have access to. It would have cost $500 to get it again (it was the medicals). Part of me still feels that this was my "punishment" for doing the service request for the EAD ("oops we can't fine this very critical and expensive to replace piece of paper"), part of me thinks that I just think that because I have a pretty low opinion of USCIS after all these years. The truth may be somewhere in between. For what it's worth, I had my congressman contact them about the missing medical (I told them exactly where it was-- in the sealed envelope submitted at the border). They magically found it and sent me a letter telling me to nevermind the RFE.

Just FYI. 90 days officially stopped being a rule at the end of January. Now it's just a "goal".. whatever that means lol


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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4 minutes ago, Suss&Camm said:

Just FYI. 90 days officially stopped being a rule at the end of January. Now it's just a "goal".. whatever that means lol

The uscis website still mention those 90days, did it changed with the new administration ? I couldnt find anything official, if you have a link id be great ;) thanks

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15 minutes ago, JJ and JJ said:

The uscis website still mention those 90days, did it changed with the new administration ? I couldnt find anything official, if you have a link id be great ;) thanks

It's a part of this ruling from November:

 

https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled

 

If you search the document for "90" you'll find this section:

 

"xiii. Separate Rulemaking for the Elimination of the EAD 90-Day Processing Timeframe"

 

The ruling came into effect end of January and also includes an automatic 180 day extension of EAD's for AOS applicants and some other groups. :)


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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5 minutes ago, Suss&Camm said:

It's a part of this ruling from November:

 

https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled

 

If you search the document for "90" you'll find this section:

 

"xiii. Separate Rulemaking for the Elimination of the EAD 90-Day Processing Timeframe"

 

The ruling came into effect end of January and also includes an automatic 180 day extension of EAD's for AOS applicants and some other groups. :)

Thanks u so much ! I'm applying for my first ead/ap and filed aos at same time, so i guess this new rule applies to all of people under the same case as I am ;( really not cool, like the wait wasnt hard enough ;(

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Just now, JJ and JJ said:

Thanks u so much ! I'm applying for my first ead/ap and filed aos at same time, so i guess this new rule applies to all of people under the same case as I am ;( really not cool, like the wait wasnt hard enough ;(

 

I know but so far I still see almost everyone get their approval between 80-100 days, so I wouldn't worry too much :) . Well I'm trying not to. It still says in there that it is their goal to do it. My guess is that it might fall out of those times to and from during the year based on their workload.


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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6 minutes ago, Suss&Camm said:

 

I know but so far I still see almost everyone get their approval between 80-100 days, so I wouldn't worry too much :) . Well I'm trying not to. It still says in there that it is their goal to do it. My guess is that it might fall out of those times to and from during the year based on their workload.

You're right ;) i keep monitoring daily ahahah

Do you know if when we file ead/ap/aos through Chicago lockbox all together does the ead/ap gets handled by the local office or still at the nbc

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4 minutes ago, JJ and JJ said:

You're right ;) i keep monitoring daily ahahah

Do you know if when we file ead/ap/aos through Chicago lockbox all together does the ead/ap gets handled by the local office or still at the nbc

It's all the NBC in Missouri :) even some of the i-485 where interviews are waived are handled there atm.


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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