Help!! Not sure where to put this one.

[savvybt7 0]

Ok, so its another months wait before my husband and I have our interview with USCIS to decide whether we will be approved for his status change. He came on an F-1 visa, and basically after he graduated a year ago, he applied to do the post completion work option. That gave him one year of authorization to work in the field of his studies. Its expiring in about a week, and we still have not recieved his extension. When we filed to change his status to permanent residence they asked for us to send an entire package of papers. "request for evidence". Among these were his medical exam, and affidavit of support. The request also said that we need to send in a new work authorization application (I-765) for them to extend his work permission. We sent it in with everything else as they requested, but we still have not recieved anything other than our notice of an interview appointment date. Will they send a work authorization in the mail, or will it just expire and make him loose a good job? Also his work is asking him about the authorization too. We dont know what to tell them other than, we have an appointment in march for an interview. Any help in understanding this would be great. :-)

[kzielu 1,147]

You should put it in Adjustment of Status forum.

Did you send I-765 together with your package (I-485) ? Or you sent it with response to an RFE ?

[Darnell 8,478]

are you a USCitizen? If so, why you not file an Adjustment of status case to USCIS?

see http://www.visajourney.com/content/i130guide2 for all the steps.

If you are not a USCitizen - on what basis do you think your husband will receive a green card?

Welcome to VJ ! I see you are absolutely new - so please fill out the timeline on your case, nowish, at http://www.visajourney.com/timeline/profile.php?id=152637 as it helps when we're trying to answer yer question(s).

--

after re-reading your post - I see where the confusion is.

You think the EAD is 'extended'. It's not.

When his time on his OPT runs out, that's the end of the EAD for his OPT.

He can get another EAD due to his new filing for adjustment of status, IF the EAD form was included with the casefile. So when you first submitted for AOS, you left out the I-864, medical exam, and got an RFE for it.

I can't tell from reading what you've written IF, in fact, you ever submitted an EAD application anywhere for this AOS.

If you study the link I posted, you'll see the list of forms to send in all at once.

So, for now - when his EAD from OPT expires, he cannot work until he has another EAD in hand (from the AOS, given out prior to greencard interview) or his greencard. His current EAD from OPT is not extensible, alas. He can get a new one, a second one, tied into his AOS casefile - but I am uncertain what you did, when you did.

Sorry.

I'm sorta lost - really - as it seems you not submit a full package the first time, for AOS. Piecemealing in the other parts, over a period of time, has consequences, aye?

Edited February 6, 2013 by Darnell

[Darnell 8,478]

version 2

are you a USCitizen? If so, why you not file an Adjustment of status case to USCIS?

see http://www.visajourney.com/content/i130guide2 for all the steps.

If you are not a USCitizen - on what basis do you think your husband will receive a green card?

Welcome to VJ ! I see you are absolutely new - so please fill out the timeline on your case, nowish, at http://www.visajourney.com/timeline/profile.php?id=152637 as it helps when we're trying to answer yer question(s).

--

after re-reading your post - I see where the confusion is.

Some triage - apologies in advance if I sound harsh..

You think the EAD is 'extended'. It's not.

When his time on his OPT runs out, that's the end of the EAD for his OPT.

He can get another EAD due to his new filing for adjustment of status, IF the EAD form was included with the casefile. So when you first submitted for AOS, you left out the I-864, medical exam, and got an RFE for it.

I can't tell from reading what you've written IF, in fact, you ever submitted an EAD application anywhere for this AOS.

If you study the link I posted, you'll see the list of forms to send in all at once.

So, for now - when his EAD from OPT expires, he cannot work until he has another EAD in hand (from the AOS, given out prior to greencard interview) or his greencard. His current EAD from OPT is not extensible, alas. He can get a new one, a second one, tied into his AOS casefile - but I am uncertain what you did, when you did.

Sorry.

I'm sorta lost - really - as it seems you not submit a full package the first time, for AOS. Piecemealing in the other parts, over a period of time, has consequences, aye?

One possible thing you can do - take the I-797C formletter, receipt notice from the I-485 - make a copy of it, send in a complete I-765/EAD set into the address on the I-485 receipt notice - can get EAD this way with no additional fee to pay.

[savvybt7 0]

Well, I did not say it is extended. Or that I thought it was. I will explain again.

First thing I did was send the petition for adjustment of status, and the I-485 since were both in the U.S together they are allowed to be sent in together as a package.

Next, I got the request for evidence (medical, affidavit of support) and on the same notice that was sent for the request it was also written that he needs to send in a request for work authorization with the package to continue working. We filled it out and sent it in with the other papers. (medical, and affidavit of support). It plainly said if we send it then they will process it.

[savvybt7 0]

I sent the I-765 with the response to RFE.

[savvybt7 0]

Ok, so its another months wait before my husband and I have our interview with USCIS to decide whether we will be approved for his status change. He came on an F-1 visa, and basically after he graduated a year ago, he applied to do the post completion work option. That gave him one year of authorization to work in the field of his studies. Its expiring in about a week, and we still have not recieved his extension. When we filed to change his status to permanent residence they asked for us to send an entire package of papers. "request for evidence". Among these were his medical exam, and affidavit of support. The request also said that we need to send in a new work authorization application (I-765) for them to extend his work permission. We sent it in with everything else as they requested, but we still have not recieved anything other than our notice of an interview appointment date. Will they send a work authorization in the mail, or will it just expire and make him loose a good job? Also his work is asking him about the authorization too. We dont know what to tell them other than, we have an appointment in march for an interview. Any help in understanding this would be great. :-)

[VanessaTony 3,567]

When you filed the i-765, did you put application for a new one? Or did you put extension? What application code did you put? It should have been c9.

Did you receive an NOA1 for the I-765? Did you get a biometrics appointment?

[savvybt7 0]

Yes I put C9.

There was a biometrics appointment, yes. I sent the I-765 in my response to the request for evidence. My request for evidence notice had said to send it.

I do not know what an NOA1 is, but I have not recieved anything regarding my I-765. I have only recieved a notice of the interview date which is a month from now.

[VanessaTony 3,567]

Yes I put C9.

There was a biometrics appointment, yes. I sent the I-765 in my response to the request for evidence. My request for evidence notice had said to send it.

I do not know what an NOA1 is, but I have not recieved anything regarding my I-765. I have only recieved a notice of the interview date which is a month from now.

NOA1 is the receipt for proof of filing.

I would make an infopass: http://infopass.uscis.gov/ and tell them you filed and it hasn't been approved yet, his permit is expiring and you need to expedite it.

Otherwise yes, he will need to either take time off work (unpaid) until his permit comes through, or quit. He cannot work without authorisation.

[savvybt7 0]

NOA1 is the receipt for proof of filing.

I would make an infopass: http://infopass.uscis.gov/ and tell them you filed and it hasn't been approved yet, his permit is expiring and you need to expedite it.

Otherwise yes, he will need to either take time off work (unpaid) until his permit comes through, or quit. He cannot work without authorisation.

I think that's what I am going to do. Thanks.

[AnotherLostSoul 167]

I cannot give you an accurate info on this, but I did hear people saying that they actually got their EAD card AFTER the interview which of course by that time is useless, but it happens...who knows, maybe it will happen with you too. Or since March is still a bit further out, you'll get it in the next couple of weeks. Hang in there! He might have to give up that job only for a month, as you'll have your interview in a month...so it is not that of a big loss, I think. Good luck!

[Darnell 8,478]

I sent the I-765 with the response to RFE.

Tell us what date - perhaps we can help with some forecast?

[Ontarkie 14,070]

~~~~Duplicate topic merged - No need to post multiple threads for the same topic if it is in the wrong forum, you can report it to have it moved.~~~~

[Harpa Timsah 13,258]

You should have sent all of that stuff with your initial package. Not sending it has delayed your case. I-765 will be approved within 90 days of filing date. Since you only sent in the I-765 lately, as a RFE, count 90 days from when the RFE was received.

Edited February 7, 2013 by Harpa Timsah