AOS & EAD question

[Isabella_NZ 54]

I filed my AOS and EAD at the same time. I called today to get an update and they said the EAD is on hold because they're waiting on information relating to the AOS which I sent them last week.

 

Is this correct? Does a delay on your AOS have the ability to stop them working on your EAD? 

 

I was under the impression the EAD was a separate application. They have everything they need for the EAD but they won't proceed until the AOS is back in progress...

[Ebunoluwa 6,136]

Yes, there is a brief hold for the EAD/AP until they receive/process the requested items for AOS. 
EAD/AP approval is based on AOS.

 

[cyanmavi 101]

The EAD is dependent on the AOS.

I believe because they lost my K-1 packet somewhere between POE and USCIS, and they gave me a RFE for a new medical at my AOS interview, that I never got an EAD.

[JoJoJoJo 170]

If EAD approval were based on AOS, then that means once one receives the EAD, this person will not receive any RFE for AOS.

 

However, apparently you can receive RFE for AOS anytime, even after you receive EAD. This means even if there is something wrong with AOS, you still can get EAD.

[Isabella_NZ 54]

10 hours ago, JoJoJoJo said:

If EAD approval were based on AOS, then that means once one receives the EAD, this person will not receive any RFE for AOS.

 

However, apparently you can receive RFE for AOS anytime, even after you receive EAD. This means even if there is something wrong with AOS, you still can get EAD.

I called again today and they explained that had I submitted the AOS and EAD separately (paid for the EAD) then the AOS RFE would not affect the EAD....

 

I would have my EAD already had they not originally rejected it by mistake but obviously its now all my fault or my husbands fault for not providing the correct tax return information for the AOS.

 

I will be calling them every day from now on to confirm they have received the AOS RFE. I mean, I know they have it because I put a tracking number on it. But it seems to take them 1-2 weeks to input anything into their system.

[geowrian 22,335]

14 hours ago, JoJoJoJo said:

If EAD approval were based on AOS, then that means once one receives the EAD, this person will not receive any RFE for AOS.

 

However, apparently you can receive RFE for AOS anytime, even after you receive EAD. This means even if there is something wrong with AOS, you still can get EAD.

EAD approval based on a pending AOS application is bound by the I-485. If an RFE/RFIE is issued for the I-485, then EAD/AP processing is paused.

That does not mean that your AOS is fully reviewed or you cannot get an RFE after the EAD is issued. It just means no outstanding issues were discovered or issues raised before the I-765 was adjudicated.

 

Previous I-485 RFEs had a short paragraph stating that a pending I-765 would be reviewed after the RFE/RFIE response is received, but I think they may have removed that wording somewhat recently (since it also mentioned the 90 day policy, which is no longer applicable).

 

4 hours ago, Isabella_NZ said:

I called again today and they explained that had I submitted the AOS and EAD separately (paid for the EAD) then the AOS RFE would not affect the EAD....

There was no basis to file for them separately, so that information was incorrect. I mean, you could send the I-765 after the I-485, but 1) there's no fee for (c)(9) filing and it would be rejected or returned if you sent payment, and 2) it's still bound by the pending I-485 by nature of (c)(9) eligibility.

 

The exception would be if you qualified to file for an EAD under another category (i.e. if you had OPT or an H-1B or other status permitting an EAD). A K-1 can technically file for an EAD, but it expires at the end of the 90 days so it's pointless.

 

I think they threw you around to get you off the phone.

Edited November 15, 2017 by geowrian

[Isabella_NZ 54]

On 17/11/2017 at 8:50 PM, Dee elle said:

Sounds like time to get a Congressman nvolved... you have been totally railroaded... have you been speaking to a Tier 2 IO when you call.. I wouldn't bother with Tier 1.... also can you get an Infopass appt perhaps?

Funny you say that as I was told the same thing a few weeks ago so I have contacted a local senator and I have signed a form to allow him to have access to my information with USCIS.

 

I am going to call their office today and follow up.

 

I started checking the USCIS website for appointments last friday but it keeps saying there are none available. Can I call to schedule an appointment instead?

 

Most of the time I have to be transferred to Tier 2 anyway. Tier 1 are useless and you can tell its from lack of training. I cant tell you the number of times they have provided me incorrect information. I even had one Tier 1 staff member refuse to put me through to Tier 2. I hung up on her and called back and got somebody different who promptly put me through to Tier 2.

 

It appears USCIS have everything they need (for now) so I have put in a request to expedite my EAD (for the third time) due to USCIS error when they originally rejected my application incorrectly because no payment was received even though I mailed it in with my AOS.

 

My next battle is now trying to confirm they received my "proof" to confirm it was a USCIS error. Only a fax number was provided to send the information to a specific team that deals with expedite requests.  I called and spoke with both Tier 1 and Tier 2 and they both tell me there is absolutely no way to contact this special team and that even they do not have access to any contact details or have a way to contact them. The only thing they can do is raise another service request. All i want to do is confirm they got the documents as we all know how reliable faxes are. I even asked for a mailing address so I can mail the information (just to be safe) but they said they dont have one and that I can send it to the main USCIS office but they will have no way of making sure it reaches them.  

 

Honestly. At this point I am content with the fact I will not be seeing my EAD approved before Christmas but I am at least hopeful I will see it by the end of January.