Extending 1-year work after graduation visa possible?

[iscariot 0]

We filed back in June for my wife's visa adjustment. Due to some clerical errors we were not notified that they needed more information until December. Now it says that the new information is under review. Her 1-year work visa expires in May. Is there some way that this can be extended while they're reviewing things? We checked and it says "still under review." We're concerned that she won't be able to work because of the visa processing time.

[Boiler 43,582]

EAD, OPT, could you be a bit more specific.

[iscariot 0]

EAD, OPT? I'm not sure that I understand.

More background:

My wife is from China. I met here here in the USA, when she was a graduate student. We got married in 2012, but she wasn't living with me until May of 2013. I filed the paperwork as soon as she moved in and she filed the 1-year work visa extension on her F1. However, she didn't file a change of address so the notice that they needed more information went to her old address and not our new one. We found out in December they needed more info, so we sent it in. Then we got notice that they'd received the new documents 1/15/14. Now the website says that it's processing.

[RandyW 149]

EAD, OPT? I'm not sure that I understand.

More background:

My wife is from China. I met here here in the USA, when she was a graduate student. We got married in 2012, but she wasn't living with me until May of 2013. I filed the paperwork as soon as she moved in and she filed the 1-year work visa extension on her F1. However, she didn't file a change of address so the notice that they needed more information went to her old address and not our new one. We found out in December they needed more info, so we sent it in. Then we got notice that they'd received the new documents 1/15/14. Now the website says that it's processing.

Why would you not file for the free Employment Authorization (EAD) I-765? You will need to include a copy of her NOA1 Recipt for her Adjustment of Status application.

You still haven't stated if you've actually submitted an I-130 and I-485 for her Adjustment of Status, though, or if this is just about extending her work visa.

???!?

[Darnell 8,478]

when you filed the adjustment of status case,

did you include the I-765 form, or no?

Extending OPT isn't done.

However, if that I-765 was filed, she gets a new EAD card prior to green card issuance, that EAD card tied to her new adjustment of status case, not her OPT working bits on the F-1.

Smells like you two got an RFE and it stopped all processing - the date the RFE was issued was the same week you got up to an adjudicator in the queue, so that's a plus.

Seriously - did you file the I-765 or no? If no, file it (fee is waived) with a copy of the I-485 receipt notice, to the address in the I-485 receipt notice, and include a cover letter, asking for expedite, claiming that waiting for the EAD would incur a financial loss (this is a valid reason, and gets some traction at USCIS).

You not write of biometrics appointments -what dates were those done?

[administrivia - your timeline is wrong,

please review http://www.visajourney.com/timeline/profile.php?id=100232 and choose something else, filling in the dates on this something else]

Edited February 20, 2014 by Darnell

[Darnell 8,478]

EAD, OPT? I'm not sure that I understand.

Please make time today to learn what those two things are, and restudy GUIDE2 in the guides section here, telling us exactly which forms you filed to USCIS chasing after an adustment of status case, leading to a green card.

Thanks !

[iscariot 0]

Ok sorry, I got confused. yes, we filed alongside of the I-130 and the I-765. We sent it all in at one time.

[Darnell 8,478]

great.

please provide a list of the forms you submitted, in your next reply.

Thanks in advance !

[iscariot 0]

We submitted all of the forms on the I-130 package and the I-485 package. We went and did the civil surgeon thing. We haven't been contacted about fingerprinting though. I'll get a full listing when I get home tonight.

[Darnell 8,478]

ok - thanks - we'll be waiting.

i'm asking for the full list of what was sent,

as it's useful when we do triage on yer stuff.

IMO, somethings messed up , as she should have had an EAD card late September 2013, based on the calendar you've given over already.

Her EAD card is delayed, I'm a thinking, because of the snafu on the address change and subsequent RFE.

You could, of course, get an Immigration Liason Staffer involved, from yer Congressman's office,

but

when you call into USCIS nowish, and talk with an ISO,

what's the status (when you ask about it) of the EAD application?

I think I know, but you should talk to an ISO, asking also if there are any returned mail pieces on your wife (sorry, your wife has to be on the phone making this convo, so study 3-way calling nowish). It's quite possible an EAD card was sent out after biometrics and it was sent to the wrong address, and it got nixed back from USPS to USCIS.

However, you and her won't know until that phone call is made. Getting an ISO is a slog, also, so keep that in mind.

Edited February 20, 2014 by Darnell

[iscariot 0]

Ok, checked. We submitted two packets, the first was the I-130, which had the I-130, the G-325A, the I-864, I-485 but no I-765. The second had the I-485, the G-325, the I-693, the I-864.

I thought that she had submitted the I-765 but apparently she didn't. so it looks like we have to file that now.

Edited February 21, 2014 by iscariot

[Darnell 8,478]

ok - reread post #5, there's some instruction that covers that exact scenario (I-765 not filed with the AOS set) .

Go Get Em, and Good Luck !

[iscariot 0]

Ok. We're filling it out now. Just one thing, but what category is she under? I take it that she would be a category 7A, adjustment applicant. Is that correct?

[iscariot 0]

Spoke with the agent. Apparently it's still "just processing" and everything is fine. This is a little nerve wracking I guess.

[Darnell 8,478]

she could have an EAD card in 90-odd days if you file now.

90-odd days meets her timing bits, so keep at it?