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Day 319 and still waiting for my I-765/I-131... Does a lawyer help?

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Filed: AOS (pnd) Country: Hong Kong
Timeline

I filed my concurrent I-130/I-485/I-131/I-765 on May 13, 2014, and up to today (Day 319) not even my I-765/I-131 has been approved. Service Requests always come up with "Workload factors not related to your case," and all three Infopass appointments (Sep 2014, Jan 2015, March 2015) refused the issue of Interim EAD. They confirmed that the biometrics have been sent to MSC but due to workload issues, not even printing an interim EAD was possible. We received no RfE. The I-130/I-485 are supposed to be in NSC. We contacted our congressperson and ombudsman in February, but they haven't been able to help us.

I've already lost a job offer because of the continous lack of working authorization. Would it help to find a lawyer to get the case going?

05-10-14: (Day 00) - AOS Package (I-130/I-485/I-131/I-765) sent by Priority

05-12-14: (Day 00) - Package delivered

05-13-14: (Day 01) - Date of NOA1

05-18-14: (Day 05) - Email/text notifications received

05-24-14: (Day 12) - Called NCSC to correct name order for I-485, I-765

05-27-14: (Day 15) - Biometric appointment

05-29-14: (Day 17) - Case transferred to Nebraska Service Center

06-18-14: (Day 37) - Biometrics at Pomona per Appt

07-28-14: (Day 77) - Called NCSC for "Approaching Regulatory Timeframe" service request

07-30-14: (Day 79) - NCSC email reply on Service Request, citing "due to workload factors not related to your case, USCIS anticipates a delay in completing your case."

08-19-14: (Day 98) - e-Request initiated for I-131

08-25-14: (Day 104) - EAD file (at least) transferred to MSC (According to InfoPass appointment, 9/5/14)

08-28-14: (Day 107) - Second Service Request initiated

09-05-14: (Day 115) - (1) NCSC reply to second Service Request, identical to one on 7-30 (2) InfoPass appointment on EAD issue. Staff notified my file is now at MSC instead of NSC.

04-03-15: (Day 328) - Email notification of EAD/AP Approval

04-10-15: (Day 335) - EAD/AP Approval letter received

04-13-15: (Day 338) - EAD/AP Card Received

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from "AOS from WS&T Visas" main forum to the Case Progress subforum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: IR-1/CR-1 Visa Country: China
Timeline

I say talk congressman again, specifically on ead issuance on monday.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

With ead receipt notice and biometrics done, expedite ead can be handled at local office. Must talk with floor supervisor, not first person at glass window.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: AOS (pnd) Country: Hong Kong
Timeline

Which of the two advice should I take, Darnell? Plus, in the latter one, how can I request to see the floor supervisor at the local office?

05-10-14: (Day 00) - AOS Package (I-130/I-485/I-131/I-765) sent by Priority

05-12-14: (Day 00) - Package delivered

05-13-14: (Day 01) - Date of NOA1

05-18-14: (Day 05) - Email/text notifications received

05-24-14: (Day 12) - Called NCSC to correct name order for I-485, I-765

05-27-14: (Day 15) - Biometric appointment

05-29-14: (Day 17) - Case transferred to Nebraska Service Center

06-18-14: (Day 37) - Biometrics at Pomona per Appt

07-28-14: (Day 77) - Called NCSC for "Approaching Regulatory Timeframe" service request

07-30-14: (Day 79) - NCSC email reply on Service Request, citing "due to workload factors not related to your case, USCIS anticipates a delay in completing your case."

08-19-14: (Day 98) - e-Request initiated for I-131

08-25-14: (Day 104) - EAD file (at least) transferred to MSC (According to InfoPass appointment, 9/5/14)

08-28-14: (Day 107) - Second Service Request initiated

09-05-14: (Day 115) - (1) NCSC reply to second Service Request, identical to one on 7-30 (2) InfoPass appointment on EAD issue. Staff notified my file is now at MSC instead of NSC.

04-03-15: (Day 328) - Email notification of EAD/AP Approval

04-10-15: (Day 335) - EAD/AP Approval letter received

04-13-15: (Day 338) - EAD/AP Card Received

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Filed: AOS (pnd) Country: Hong Kong
Timeline

Justed called USCIS again to requested service request for both cases. The lady says putting a service request frequently (once every 30 days) will delay a case--do you believe her?

05-10-14: (Day 00) - AOS Package (I-130/I-485/I-131/I-765) sent by Priority

05-12-14: (Day 00) - Package delivered

05-13-14: (Day 01) - Date of NOA1

05-18-14: (Day 05) - Email/text notifications received

05-24-14: (Day 12) - Called NCSC to correct name order for I-485, I-765

05-27-14: (Day 15) - Biometric appointment

05-29-14: (Day 17) - Case transferred to Nebraska Service Center

06-18-14: (Day 37) - Biometrics at Pomona per Appt

07-28-14: (Day 77) - Called NCSC for "Approaching Regulatory Timeframe" service request

07-30-14: (Day 79) - NCSC email reply on Service Request, citing "due to workload factors not related to your case, USCIS anticipates a delay in completing your case."

08-19-14: (Day 98) - e-Request initiated for I-131

08-25-14: (Day 104) - EAD file (at least) transferred to MSC (According to InfoPass appointment, 9/5/14)

08-28-14: (Day 107) - Second Service Request initiated

09-05-14: (Day 115) - (1) NCSC reply to second Service Request, identical to one on 7-30 (2) InfoPass appointment on EAD issue. Staff notified my file is now at MSC instead of NSC.

04-03-15: (Day 328) - Email notification of EAD/AP Approval

04-10-15: (Day 335) - EAD/AP Approval letter received

04-13-15: (Day 338) - EAD/AP Card Received

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Ya, sorta. Lots of queues at uscis, service request just one of them. I experienced a slowdown on greencard rerouting, congress critter finally fixed it, jumped over and through normal uscis queues.

I was not suggesting a new service request.

ead biometrics done, you can request emergency ead in an infopass appointment, face to face with uscis local office floor supervisor. You know how to get the appointment, but to get the right human you must ask the first human to bring over the right human.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: AOS (pnd) Country: Hong Kong
Timeline

I'm OP's spouse.

I already spoke to the congressperson's immigration liaison. He said that they can only do an inquiry for us and nothing more. USCIS hasn't communicated anything to them about our case. He called us wanting to know if we've gotten anything new from USCIS, but all we've received are the form letter responses to our I-130 and I-765 service requests made earlier in January and February.

I've read the success stories on this forum and elsewhere about how other applicants were able to get their congresspeople's help to speed up or resolve their cases. It doesn't sound like that's possible in our case.

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Filed: AOS (pnd) Country: Hong Kong
Timeline

I'm OP's spouse.

I already spoke to the congressperson's immigration liaison. He said that they can only do an inquiry for us and nothing more. USCIS hasn't communicated anything to them about our case. He called us wanting to know if we've gotten anything new from USCIS, but all we've received are the form letter responses to our I-130 and I-765 service requests made earlier in January and February.

I've read the success stories on this forum and elsewhere about how other applicants were able to get their congresspeople's help to speed up or resolve their cases. It doesn't sound like that's possible in our case.

I confirm "torta" is my spouse and the reply above is made with my full knowledge. Just to add the Ombudsman have replied about two weeks ago that my request regarding the case has been referred to USCIS. I have no idea of the outcome of this.

Ya, sorta. Lots of queues at uscis, service request just one of them. I experienced a slowdown on greencard rerouting, congress critter finally fixed it, jumped over and through normal uscis queues.

I was not suggesting a new service request.

ead biometrics done, you can request emergency ead in an infopass appointment, face to face with uscis local office floor supervisor. You know how to get the appointment, but to get the right human you must ask the first human to bring over the right human.

Now the question is: if the authority of issuing Interim EADs lies at the floor supervisor, then why would the window person exist when the InfoPass appointment was expressedly for an Interim EAD? On the other hand, you mean an expedite that I no longer have a reason for (I no longer have a job offer), or an interim EAD here? And, in any case, how do I request a floow supervisor anyway if the counter person already said no?

05-10-14: (Day 00) - AOS Package (I-130/I-485/I-131/I-765) sent by Priority

05-12-14: (Day 00) - Package delivered

05-13-14: (Day 01) - Date of NOA1

05-18-14: (Day 05) - Email/text notifications received

05-24-14: (Day 12) - Called NCSC to correct name order for I-485, I-765

05-27-14: (Day 15) - Biometric appointment

05-29-14: (Day 17) - Case transferred to Nebraska Service Center

06-18-14: (Day 37) - Biometrics at Pomona per Appt

07-28-14: (Day 77) - Called NCSC for "Approaching Regulatory Timeframe" service request

07-30-14: (Day 79) - NCSC email reply on Service Request, citing "due to workload factors not related to your case, USCIS anticipates a delay in completing your case."

08-19-14: (Day 98) - e-Request initiated for I-131

08-25-14: (Day 104) - EAD file (at least) transferred to MSC (According to InfoPass appointment, 9/5/14)

08-28-14: (Day 107) - Second Service Request initiated

09-05-14: (Day 115) - (1) NCSC reply to second Service Request, identical to one on 7-30 (2) InfoPass appointment on EAD issue. Staff notified my file is now at MSC instead of NSC.

04-03-15: (Day 328) - Email notification of EAD/AP Approval

04-10-15: (Day 335) - EAD/AP Approval letter received

04-13-15: (Day 338) - EAD/AP Card Received

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Filed: IR-1/CR-1 Visa Country: China
Timeline

based on my direct experience with the humans behind the glass, mostly, they are useless. So, I'm sticking to that opinion, only able to get things done and moving along by asking for the floor shift supervisor, who usually has higher computer access and will talk to other supervisors in other departments inside of the building, to move the case along.

I think you've gotten into some lag on the processing on your casefile, ead, ap, greencard, all of it. only a human with God access on the computer can see the actual stuff - the floor shift supervisor is one of those humans.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: AOS (pnd) Country: Hong Kong
Timeline

The issue is now half moot; I received an email from USCIS saying the EAD is now in the mail.

05-10-14: (Day 00) - AOS Package (I-130/I-485/I-131/I-765) sent by Priority

05-12-14: (Day 00) - Package delivered

05-13-14: (Day 01) - Date of NOA1

05-18-14: (Day 05) - Email/text notifications received

05-24-14: (Day 12) - Called NCSC to correct name order for I-485, I-765

05-27-14: (Day 15) - Biometric appointment

05-29-14: (Day 17) - Case transferred to Nebraska Service Center

06-18-14: (Day 37) - Biometrics at Pomona per Appt

07-28-14: (Day 77) - Called NCSC for "Approaching Regulatory Timeframe" service request

07-30-14: (Day 79) - NCSC email reply on Service Request, citing "due to workload factors not related to your case, USCIS anticipates a delay in completing your case."

08-19-14: (Day 98) - e-Request initiated for I-131

08-25-14: (Day 104) - EAD file (at least) transferred to MSC (According to InfoPass appointment, 9/5/14)

08-28-14: (Day 107) - Second Service Request initiated

09-05-14: (Day 115) - (1) NCSC reply to second Service Request, identical to one on 7-30 (2) InfoPass appointment on EAD issue. Staff notified my file is now at MSC instead of NSC.

04-03-15: (Day 328) - Email notification of EAD/AP Approval

04-10-15: (Day 335) - EAD/AP Approval letter received

04-13-15: (Day 338) - EAD/AP Card Received

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