Is it TRUE?

[NinoniAndBoosBoos 6]

I have read much more than the wiki pages. Your post makes no sense, and I can't find a single thing correct there. It's worse than confusing apples with oranges, you are equating apples with particle physics. And everyone knows the length of time for naturalization: it's stated very clearly in the N-400 instructions.

I don't want to personally attack you, but your post is very wrong. Someone in another forum corrected your idea that GC holders travel on AP (they don't). AP also is not the thing you need for "long trips" as you say. I have another tip: on what basis do you plan to renew EAD and AP once GC is approved?

Back to the OP - I wonder if you and the person you talked to got confused about the words you are using. You say you can't get EAD/AP without AOS. What precisely do you mean by that? Without AOS what? Do you mean without applying for it or do you mean without the approval of "AOS" (Greencard/I-485 is more accurate here)?

Keep in mind that EAD and AP are intended as stop-gap measures that give the right to work and travel, respectively, before the GC is approved. Once your Greencard is approved, your EAD and AP are cancelled/void, because the Greencard gives you the right to work and travel by itself. The EAD and AP were intended as stop-gap measures when the AOS process used to take years. Now they are often useless because AOS takes about as long to approve as the EAD and AP, but you might have them a month or two before the GC is approved. A month or two is still better than nothing!

Harpa, to be more precise:

Yes without the approval of AOS. We applied for 1-485 (Application to Register Permanent Residence or Adjust Status- AOS) as Case type refers to on our 1-797c Notice of Action) together with:

1. 1-131, Application for Travel Document, which I believe everyone (sic) refers to as (AP) Advance Parole and,
2. 1-765, Application for Employment Authorization, (EAD), all of these applications were received on Dec. 19, 2011, however a RFE was sent and received on February 17 to the National Benefits Centre.

It was the 2nd tier officer who indicated that the EAD/AP is not possible without the AOS being approved, this is what started the confustion in the first place, hence my post.

I believe the next course of action is to wait till Mid May, as the aformentioned officer suggested, and then call again in hopes of getting some type of news on our status's (AOS/EAD/AP) I appreciate your input and need for precise dialogue; always helps , and perhaps with this new clarification you can offer your insight on my situation.Thanks.

Edited May 8, 2012 by NinoniAndBoosBoos

[Harpa Timsah 13,258]

Harpa, to be more precise:

Yes without the approval of AOS. We applied for 1-485 (Application to Register Permanent Residence or Adjust Status- AOS) as Case type refers to on our 1-797c Notice of Action) together with:

1. 1-131, Application for Travel Document, which I believe everyone (sic) refers to as (AP) Advance Parole and,
2. 1-765, Application for Employment Authorization, (EAD), all of these applications were received on Dec. 19, 2011, however a RFE was sent and received on February 17 to the National Benefits Centre.

It was the 2nd tier officer who indicated that the EAD/AP is not possible without the AOS being approved, this is what started the confustion in the first place, hence my post.

I believe the next course of action is to wait till Mid May, as the aformentioned officer suggested, and then call again in hopes of getting some type of news on our status's (AOS/EAD/AP) I appreciate your input and need for precise dialogue; always helps , and perhaps with this new clarification you can offer your insight on my situation.Thanks.

Okay, the person you spoke with was wrong (or there was a dialogue confusion). I will try a little gloss on history (story-telling with liberties) to try to make things more clear.

AOS used to take a few years to approve. People got mad and said, "hey, I moved to the US and I wait around for years and I can't work or travel and it sucks!" So USCIS said, "Okay, we will let you apply for a temporary travel and work permission so you can lead a semi-normal life in the US while your Greencard is processing." That temporary relief is EAD and AP. The whole point of it is to get approved faster than the Greencard, so the alien can start working and travel like a normal person. Once the Greencard is approved, the EAD and AP are no longer needed - The Greencard gives work and travel permission by itself. I repeat- EAD and AP are temporary things. Once you have the GC, you no longer need these temporary documents.

In fact, these parts are separated once you file. EAD and AP go to NBC and get approved there, and the I-485 either goes to your local office for interview or to CSC for approval with no interview. Their approvals are not contingent on one another at all.

Your EAD and AP should have been approved mid-March-ish (if you filed Mid-December). The RFE you got did slow things down some, but they should not have slowed it down by this much.

So, when did you reply to the RFE? Is this conversation you had with USCIS the only one you have had on this subject? An interview letter received or CSC transfer notice?

[gretchen_darren 67]

I have read much more than the wiki pages. Your post makes no sense, and I can't find a single thing correct there. It's worse than confusing apples with oranges, you are equating apples with particle physics. And everyone knows the length of time for naturalization: it's stated very clearly in the N-400 instructions.

I don't want to personally attack you, but your post is very wrong. Someone in another forum corrected your idea that GC holders travel on AP (they don't). AP also is not the thing you need for "long trips" as you say. I have another tip: on what basis do you plan to renew EAD and AP once GC is approved?

Back to the OP - I wonder if you and the person you talked to got confused about the words you are using. You say you can't get EAD/AP without AOS. What precisely do you mean by that? Without AOS what? Do you mean without applying for it or do you mean without the approval of "AOS" (Greencard/I-485 is more accurate here)?

Keep in mind that EAD and AP are intended as stop-gap measures that give the right to work and travel, respectively, before the GC is approved. Once your Greencard is approved, your EAD and AP are cancelled/void, because the Greencard gives you the right to work and travel by itself. The EAD and AP were intended as stop-gap measures when the AOS process used to take years. Now they are often useless because AOS takes about as long to approve as the EAD and AP, but you might have them a month or two before the GC is approved. A month or two is still better than nothing!

Actually here is the information: Zuckerman, Immigration Lawyer

Once you receive your green card, your travel restrictions are significantly lessened. You are free to travel without any further documentation, other than a valid passport from your country.

The primary rule of traveling with a green card is that you should return to the United States within one year of your departure. If you remain outside of the United States for more than one year on a single trip, USCIS assumes that you have abandoned your permanent residence here. You will have to apply for a returning resident visa at the nearest U.S. consulate.

If you plan on applying for U.S. citizenship in the future, each trip should not last more than six months, and you should remain in the U.S. for at least half of your citizenship qualifying time (18 months out of three years or 30 months out of five year

[NinoniAndBoosBoos 6]

Okay, the person you spoke with was wrong (or there was a dialogue confusion). I will try a little gloss on history (story-telling with liberties) to try to make things more clear.

AOS used to take a few years to approve. People got mad and said, "hey, I moved to the US and I wait around for years and I can't work or travel and it sucks!" So USCIS said, "Okay, we will let you apply for a temporary travel and work permission so you can lead a semi-normal life in the US while your Greencard is processing." That temporary relief is EAD and AP. The whole point of it is to get approved faster than the Greencard, so the alien can start working and travel like a normal person. Once the Greencard is approved, the EAD and AP are no longer needed - The Greencard gives work and travel permission by itself. I repeat- EAD and AP are temporary things. Once you have the GC, you no longer need these temporary documents.

In fact, these parts are separated once you file. EAD and AP go to NBC and get approved there, and the I-485 either goes to your local office for interview or to CSC for approval with no interview. Their approvals are not contingent on one another at all.

Your EAD and AP should have been approved mid-March-ish (if you filed Mid-December). The RFE you got did slow things down some, but they should not have slowed it down by this much.

So, when did you reply to the RFE? Is this conversation you had with USCIS the only one you have had on this subject? An interview letter received or CSC transfer notice?

My Case status on USCIS website is the only information I have to date: it reads that they are in receipt of my RFE evidence (received February 17) and it is at the National Benefits Centre. I had my biometrics appointment back on January 13, but did not receive any interview letter or CSC transfer notice. The conversation I had was only regarding why there has been no word on the EAD/AP, and she said that my AOS is still within the proper processing time, and that is why I have had no word on the EAD/AP as this IS contingent on the AOS approval.

I think I will call again tomorrow and be much more precise with my questions regarding all the applications ie: transfer notice, returned mail, etc.

Thank you kindly for sharing your wealth of knowledge...this is a very trying process, I have done all my due deligence but have not had the communication reciprocated by the USCIS, and being mislead by officers at the customer service 2nd tier level is most disconcerting...I have been very, very patient and will now seek more details to our case status via another call to 2nd tier, if I get no assistance nor information then I will post again for more advice.

[Harpa Timsah 13,258]

My Case status on USCIS website is the only information I have to date: it reads that they are in receipt of my RFE evidence (received February 17) and it is at the National Benefits Centre. I had my biometrics appointment back on January 13, but did not receive any interview letter or CSC transfer notice. The conversation I had was only regarding why there has been no word on the EAD/AP, and she said that my AOS is still within the proper processing time, and that is why I have had no word on the EAD/AP as this IS contingent on the AOS approval.

I think I will call again tomorrow and be much more precise with my questions regarding all the applications ie: transfer notice, returned mail, etc.

Thank you kindly for sharing your wealth of knowledge...this is a very trying process, I have done all my due deligence but have not had the communication reciprocated by the USCIS, and being mislead by officers at the customer service 2nd tier level is most disconcerting...I have been very, very patient and will now seek more details to our case status via another call to 2nd tier, if I get no assistance nor information then I will post again for more advice.

I totally understand. It is very troublesome to be misled by people who are meant to be helping you. When you call, I would give the receipt number of the EAD. I wouldn't even mention the I-485 application, just to make it clear you are asking about the EAD. Mention that the EAD is past normal processing times, which according to the uscis.gov website, is currently at 3 months. (if you need help finding this, from the main page, find "processing times" to the left and then click on "National benefits Center"). I-131 is also at 3 months. The officer should put in a service request or some other action to help the EAD/AP approval go through.

Also, I suspect you were still talking to a Tier 1 person. Tier 2 people are called "Officer Tom" or something with Officer first. If that doesn't work, the next move would be to make an Infopass appointment an speak to a real person. Best of luck.

[NinoniAndBoosBoos 6]

I totally understand. It is very troublesome to be misled by people who are meant to be helping you. When you call, I would give the receipt number of the EAD. I wouldn't even mention the I-485 application, just to make it clear you are asking about the EAD. Mention that the EAD is past normal processing times, which according to the uscis.gov website, is currently at 3 months. (if you need help finding this, from the main page, find "processing times" to the left and then click on "National benefits Center"). I-131 is also at 3 months. The officer should put in a service request or some other action to help the EAD/AP approval go through.

Also, I suspect you were still talking to a Tier 1 person. Tier 2 people are called "Officer Tom" or something with Officer first. If that doesn't work, the next move would be to make an Infopass appointment an speak to a real person. Best of luck.

Thank you, yes I will call tomorrow and only mention the EAD...I did speak to an Officer S.....this is the one that mislead me, I pray I don't get her again tomorrow....All the best and thank you..

[NinoniAndBoosBoos 6]

I talked to an officer (1st tier) who said it is impossible to get the AP/EAD without the AOS, IS THIS TRUE, I have read many posts and heard of many cases where VJ'ers received their EAD/AP cards but no AOS.

I had my biometrics back in January, and have not received anything. February 17 they received the request for Evidence and it is being processed at the National Benefits Centre in Lee's Summit, MO.

Do I still call the only number that is on all the documents: 1-800-375-5283 for any updates as my online status updates is proving futile, or do I just wait until Mid May, as the officer indicated it is still withing the normal processing times. or do I be proactive and CALL again.

My EAD and AP were processed back in December but looks like these are on hold until AOS if processed and approved, so is this still within normal processing times?

Thanks everyone for your comments, suggestions and advice.

OP update:

I spoke to an officer D, 2nd tier, today, who was surprisingly soooo helpful and effecient. Yes it seems Officer S. gave me the wrong information and he apoligized on her behalf, wow!!!

I was given confirmation numbers for the AP and EAD, which are completely outside of the processing time frame, if I don't hear back from USCIS on May 14 for these 2 service requests, then I need to follow up with another call.

Special thanks to Harpa for suggesting that I call specifically about the EAD/AP, and to Inky, to Gretchen and all.

My AOS has now been assigned an officer and we should hear something soon as it is within normal processing times.

Thanks again everyone, you fellow VJ'ers are wonderful and so helpful Thank you all again, and I will post any new status updates. I wish you all the best in your processes and keep strong, keep positive, keep the faith, keep your chins up: it is a process that is trying but we all need to go through it...Best of Luck to all.

Edited May 9, 2012 by NinoniAndBoosBoos

[Harpa Timsah 13,258]

Great! Hopefully you get the approval notice on the EAD and AP today or tomorrow!