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Posted

I applied for AOS/EAD back in DEC 31,2008 and then did my Biometric on Jan 21,2009. Since then, I have not received anything else in the mail. However, my lawyer tells me that USCIS sent a notice that they are asking for my wife's 2007 w-2s(which the lawyer seems to have not sent when she filed it) and that my wife does not make sufficient amount of money(but that is insignificant because we have a sponsor -my wife is a full time student right now). Now, what I want to know is, would the USCIS send any sort of notification directly to my lawyer asking for any missing paperwork, without notifying me either by mail or through email? I have not received anything personally and all it shows online is a Jan 21st touch. And does it really take this long for the EAD to arrive, and why is it dependent on her w-2, as my lawyer suggests? She is now asking for my wife's 2007 w-2s(because she apparently has only filed our 2005,2006 taxes and they need three years) and also our 2008 taxes and tells me only once these are filed will my paperwork resume its normal course and I will get my EAD, so you see what I am dealing with?) I am just in the assumption right now that my lawyer has screwed my paperwork somewhere..can someone help me figure this out?

Filed: AOS (pnd) Country: China
Timeline
Posted

As do as what he told you. Did he tell you when the RFE was sent? If you can't reply the RFE in 90 days, your case will be denied. You should act up really quick now. Get the w2(or if you can get the tax transcript from IRS, you don't need send w2 then), and send to USCIS.

I applied for AOS/EAD back in DEC 31,2008 and then did my Biometric on Jan 21,2009. Since then, I have not received anything else in the mail. However, my lawyer tells me that USCIS sent a notice that they are asking for my wife's 2007 w-2s(which the lawyer seems to have not sent when she filed it) and that my wife does not make sufficient amount of money(but that is insignificant because we have a sponsor -my wife is a full time student right now). Now, what I want to know is, would the USCIS send any sort of notification directly to my lawyer asking for any missing paperwork, without notifying me either by mail or through email? I have not received anything personally and all it shows online is a Jan 21st touch. And does it really take this long for the EAD to arrive, and why is it dependent on her w-2, as my lawyer suggests? She is now asking for my wife's 2007 w-2s(because she apparently has only filed our 2005,2006 taxes and they need three years) and also our 2008 taxes and tells me only once these are filed will my paperwork resume its normal course and I will get my EAD, so you see what I am dealing with?) I am just in the assumption right now that my lawyer has screwed my paperwork somewhere..can someone help me figure this out?

Love is powerful!

Xin&Amy

11/28/2008 --- married in vegas

1/20/2009 --- filed i130/485/131/765

1/21/2009 --- delivered

1/28/2009 --- check cashed

1/31/2009 --- received receipts of i130/485/131/765

2/6/2009 --- RFE received, requesting more tax forms.

2/10/2009 --- did the bio

2/18/2009 --- RFE replied

3/20/2009 --- received email approval from CRIS for my AP. received interview notice and it is scheduled on April 22nd.

3/25/2009 --- received email from CRIS for "EAD card production ordered"

3/27/2009 --- received AP in mail. Why is Robert M. Coman's name on top of my photo?

3/30/2009 --- received EAD in mail.

4/22/2009 --- interview date. We were approved!

4/25/2009 --- welcome letters received

5/4/2009 --- received the greed card in mail, good till 4/22/2011.

Filed: Country: Poland
Timeline
Posted

It has not been 90 days yet. When you get RFE you have to subtract the time it took your lawyer to respond. In my case it took almost 3 weeks from the time USCIS put my case on hold to the time lawyer received RFE and another week for him to reply. So technically I should receive my EAD after 120 days but guess what... it's still not here after all this time :(

I applied for AOS/EAD back in DEC 31,2008 and then did my Biometric on Jan 21,2009. Since then, I have not received anything else in the mail. However, my lawyer tells me that USCIS sent a notice that they are asking for my wife's 2007 w-2s(which the lawyer seems to have not sent when she filed it) and that my wife does not make sufficient amount of money(but that is insignificant because we have a sponsor -my wife is a full time student right now). Now, what I want to know is, would the USCIS send any sort of notification directly to my lawyer asking for any missing paperwork, without notifying me either by mail or through email? I have not received anything personally and all it shows online is a Jan 21st touch. And does it really take this long for the EAD to arrive, and why is it dependent on her w-2, as my lawyer suggests? She is now asking for my wife's 2007 w-2s(because she apparently has only filed our 2005,2006 taxes and they need three years) and also our 2008 taxes and tells me only once these are filed will my paperwork resume its normal course and I will get my EAD, so you see what I am dealing with?) I am just in the assumption right now that my lawyer has screwed my paperwork somewhere..can someone help me figure this out?
Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
I applied for AOS/EAD back in DEC 31,2008 and then did my Biometric on Jan 21,2009. Since then, I have not received anything else in the mail. However, my lawyer tells me that USCIS sent a notice that they are asking for my wife's 2007 w-2s(which the lawyer seems to have not sent when she filed it) and that my wife does not make sufficient amount of money(but that is insignificant because we have a sponsor -my wife is a full time student right now). Now, what I want to know is, would the USCIS send any sort of notification directly to my lawyer asking for any missing paperwork, without notifying me either by mail or through email? I have not received anything personally and all it shows online is a Jan 21st touch. And does it really take this long for the EAD to arrive, and why is it dependent on her w-2, as my lawyer suggests? She is now asking for my wife's 2007 w-2s(because she apparently has only filed our 2005,2006 taxes and they need three years) and also our 2008 taxes and tells me only once these are filed will my paperwork resume its normal course and I will get my EAD, so you see what I am dealing with?) I am just in the assumption right now that my lawyer has screwed my paperwork somewhere..can someone help me figure this out?

an RFE on the I-485 suspends all other interim benefits based on that application... so an RFE for additional I-864 data will STOP the I-131 and I-765 until such time as the I-485 resumes normal processing.

They do NOT need three years ITR's but they do need the most recent (in your case 2007)... supplying only 2005, 2006 was a mistake as the most important one is the most recent

Edited by payxibka

YMMV

Filed: Other Country: Canada
Timeline
Posted

Just to help ease your worry, I applied in early November and have not yet received my EAD nor my AP. For some people it's speedy, and for others it's long. Looks like you and I both got a bad throw of the dice. Just sit back and relax, watch TV, take walks, etc. Oh, and keep a bucket for all the hair you pull out, it can be re-transplanted! LOL

MY Conditions Removal Timeline:

CIS Office: California

2011-05-16: Date Filed

2011-05-17: NOA Date

2011-06-14: Bio. Appt.

2011-09-21: Email confirming approval

2011-09-26: GC Received ツ

MY AOS Timeline:

2008-11-05: Date Filed

2008-11-14: NOA Date

2009-01-26: Bio. Appt.

2009-05-07: Interview Date

2009-05-14: RFE Received

2009-06-03: RFE Returned

2009-07-27: GC Received

Filed: AOS (apr) Country: Zambia
Timeline
Posted

Since you chose to have a lawyer as your agent to handle your submission, USCIS writes only to the lawyer, not directly to you. It's standard practice. As to what they are requesting, just provide what they want and don't ask why. The biometrics are done, and they are ready to act on the application once all the rules are followed. They are within the normal timeframe.

  • 2 weeks later...
Filed: AOS (apr) Country: Philippines
Timeline
Posted
Since you chose to have a lawyer as your agent to handle your submission, USCIS writes only to the lawyer, not directly to you. It's standard practice. As to what they are requesting, just provide what they want and don't ask why. The biometrics are done, and they are ready to act on the application once all the rules are followed. They are within the normal timeframe.

If you have a Lawyer...they will send letters to you both. Except for the "EAD card" but they will send notice to your lawyer that your EAD is approved. Maybe your lawyer is not taking good care of your case ??? what's the purpose of hiring a lawyer???????

Feb 14 2008 met online (super dooper inlove)

April 2 Visit philippines (engaged)

April 13 back to wisconsin

April 26 lawyer Filed I129F

sept 17 called USEM scheduled interview - received appointment date electronically

sept 25-26 MEdical exam passed

oct 3 interview passed (pink slip)[/color]

Oct 15 VISA RECEIVED!!! hoorayyyyyyyyyy

Oct 18 flying to WISCONSIN via Northwest Airlines

AOS

Lawyer filed AOS,EAD,AP Feb 11

NOA1 received Feb 27

Biometric March 14 DONE!!

Case Transfer to CSC MArch 2

Advance Parole April 10 received (approved)

EAD card April 13 received (approved)

AOS April 21 received (APPROVED!!!)

GREEN CARD RECEIVED April 23

Filed: Other Timeline
Posted

Generally speaking, the timeline for receiving EAD is 90 days from the receipt date that USCIS got your application. However, if they've got your file on hold for an RFE, it can delay your EAD.

Only your lawyer will receive the RFE notice, and it is up to the lawyer to notify you of any missing evidence that the USCIS is requesting, and up to you to get it to the lawyer asap! The longer you take to send the info, the longer it will take them to process your file. Go to the lawyer's office, or have them fax you a copy of the RFE letter so you know exactly what they're requesting, and then gather the information and send it immediately. If they want your wife's W2 again, send it again! They lose ###### all the time.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Posted

Try to get a refund from your lawyer for the time lost on the RFE.

The lawyer should of known that the W-2's are required with the 1040's submitted.

(another reason I always recommend to send tax transcipts from the IRS instead of copies of the 1040/w-2)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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