Shocked by EAD Processing Time

[GermanGirlinNYC 7]

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!  

[LionessDeon 2,060]

  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 February 7, 2017 by LionessDeon

[Dutchster 1,106]

I'm waiting since October to get either my EAD of GC, there are people from November receiving their approvals so that's not true what he said. You can expedite if you have proof of financial severe loss or a job offer letter from a future-boss.

[Pennycat 880]

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 February 7, 2017 by CatherineA

[Boiler 43,397]

Always expedite if you have the opportunity.

[JJ and JJ 3]

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 ... ;(

[JJ and JJ 3]

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 ... ;(

[Boiler 43,397]

If there is any delay it seems to be marginal.

 

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

[Suss&Camm 2,213]

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

[JJ and JJ 3]

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

[Suss&Camm 2,213]

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.

[JJ and JJ 3]

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 ;(

[Suss&Camm 2,213]

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.

[JJ and JJ 3]

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? 

[Suss&Camm 2,213]

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.