I-130 and EAD

[aimelynne 0]

My husband came to the US on a business visa in December 2004. We got married May 2006, had a baby on February 27, 2007. His business never made any money, and I insisted he quit pumping money into it in January of this year. His visa expired March 2008. We sent all the paperwork (I-485, I-130, and I-765) and fees to our attorney in May 2008, but didn't get NOA until August 5. (We kept asking the attorney for delivery confirmation receipts, but he would never provide them.) Our attorney got an RFE on August 25 (deadline of November 21), we found out about it September 3, sent all the information to the attorney September 4th. Then everything just stopped. We never had any updates online, never got anything in the mail. We finally made an infopass appointment for Nov. 9th to find out what the hold up was. We tried to contact our attorney many times to make sure we had all the relevant information for the infopass appointment, but the attorney never contacted us back. So my husband went to the appointment, the guy said there looked like there was a hold on the case, but there was nothing showing why. He didn't show them getting the additional evidence that was requested, but he didn't see that they ever sent out the RFE either. I finally was able to get in touch with the attorney on November 18th, and that's when they told me that they hadn't even sent the additional evidence yet. So they sent it all (and I sent it all myself as well), and USCIS got it November 21. Now the I-485 says they've resumed processing, but none of the other things show any updates.

So here's my question. I talked to the attorney's legal secretary yesterday, and she told me that my husband won't be able to get an EAD until after the I-130 has been approved because he's out of status. Which means at least another 4 months of him not being able to work, because that's the processing timeline for the National Office for I-130's. Does anyone know if what the legal secretary told me is accurate? This is the first time they've said this to us. Originally, they told us that he would have a work permit within 3 months, and now they're telling us he has to wait until his I-130 is approved? I'm obviously hesitant to believe any information they give us based on their actions thus far (they even charged us both fees to file the I-485 and I-765 concurrently, and even though I found out that you don't pay the additional $340 when you file them together and requested that money back, they refuse to refund it.)

Anyway, if anybody knows anything about the whole out of status filing of an I-130 but still being processed for an EAD, I would sure appreciate your insight. We have 5 kids in our family, and with my husband not being able to work, it is destroying us financially.

Thanks!

[YuAndDan 153]

You got to LOVE incompetent lawyers!

Another reason to DIY.

The EAD is based on the pending I-485, NOT the I-130, the EAD will be issued even with I-130 pending.

[TayRivers 4]

My husband came to the US on a business visa in December 2004. We got married May 2006, had a baby on February 27, 2007. His business never made any money, and I insisted he quit pumping money into it in January of this year. His visa expired March 2008. We sent all the paperwork (I-485, I-130, and I-765) and fees to our attorney in May 2008, but didn't get NOA until August 5. (We kept asking the attorney for delivery confirmation receipts, but he would never provide them.) Our attorney got an RFE on August 25 (deadline of November 21), we found out about it September 3, sent all the information to the attorney September 4th. Then everything just stopped. We never had any updates online, never got anything in the mail. We finally made an infopass appointment for Nov. 9th to find out what the hold up was. We tried to contact our attorney many times to make sure we had all the relevant information for the infopass appointment, but the attorney never contacted us back. So my husband went to the appointment, the guy said there looked like there was a hold on the case, but there was nothing showing why. He didn't show them getting the additional evidence that was requested, but he didn't see that they ever sent out the RFE either. I finally was able to get in touch with the attorney on November 18th, and that's when they told me that they hadn't even sent the additional evidence yet. So they sent it all (and I sent it all myself as well), and USCIS got it November 21. Now the I-485 says they've resumed processing, but none of the other things show any updates.

So here's my question. I talked to the attorney's legal secretary yesterday, and she told me that my husband won't be able to get an EAD until after the I-130 has been approved because he's out of status. Which means at least another 4 months of him not being able to work, because that's the processing timeline for the National Office for I-130's. Does anyone know if what the legal secretary told me is accurate? This is the first time they've said this to us. Originally, they told us that he would have a work permit within 3 months, and now they're telling us he has to wait until his I-130 is approved? I'm obviously hesitant to believe any information they give us based on their actions thus far (they even charged us both fees to file the I-485 and I-765 concurrently, and even though I found out that you don't pay the additional $340 when you file them together and requested that money back, they refuse to refund it.)

Anyway, if anybody knows anything about the whole out of status filing of an I-130 but still being processed for an EAD, I would sure appreciate your insight. We have 5 kids in our family, and with my husband not being able to work, it is destroying us financially.

Thanks!

First of all your I-130 will be approved at the same time as the AOS because you filled them together. He should get his EAD approved once USCIS resume processing the application, now that they have recieved the info requested.

As for your Lawyer I would fire them and then write a letter to the Bar explaining that they overcharged you the fee's for filling for AOS and EAD and have refused to refund the money paid and they have not delt with your application in a timely manner and this has caused you hardship as your spouse is unable to work until EAD is approved.

[aimelynne 0]

Good to know - thanks for the input. We've thought of reporting the attorney to the Bar, but I'm still trying to push them to get the money refunded. Honestly though, what this attorney has done should be criminal!