April 2016 AOS Filers

[pantonia 39]

Look at my screenshot!

thanks!

[DerGraf88 5]

I think i'm gonna contact the congressman of montana! Good idea, bad idea? Any inputs? Can't hurt, can it?

[p-ana 933]

I think i'm gonna contact the congressman of montana! Good idea, bad idea? Any inputs? Can't hurt, can it?

Do it! It definitely won't hurt and it might trigger a movement. Crossing fingers for you.

[DerGraf88 5]

Do it! It definitely won't hurt and it might trigger a movement. Crossing fingers for you.

Thank you. I'm excited about this now. I will send an email out tonight.

[ConiMoni 11]

Dear Fellow Visa Journey Members,

We came across the following link today while understanding the regulation that requires USCIS to issue EAD within the 90-day time frame.

Link: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-28757/0-0-0-29507.html

As per the details in the link, it says:

USCIS shall adjudicate the application within 90 days from the date of receipt of the application, except in the case of an initial application for employment authorization under 8 CFR 274a.12©(8)- (asylum applicants), which is governed by paragraph (a)(2) of this section, and 8 CFR 274a.12©(9) – (AOS applicants) in so far as it is governed by 8 CFR 245.13(j) and 245.15(n). Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days.

So based on what we understand, does it mean that the 90 day regulatory timeframe does not apply to EAD application based on open Asylum or AOS applications?

We wanted to clarify from the rest of the visa journey members and hope to hear from the rest of the folks.

Kind regards,

ConiMoni

[AngelaP 13]

Dear Fellow Visa Journey Members,

We came across the following link today while understanding the regulation that requires USCIS to issue EAD within the 90-day time frame.

Link: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-28757/0-0-0-29507.html

As per the details in the link, it says:

USCIS shall adjudicate the application within 90 days from the date of receipt of the application, except in the case of an initial application for employment authorization under 8 CFR 274a.12©(8)- (asylum applicants), which is governed by paragraph (a)(2) of this section, and 8 CFR 274a.12©(9) – (AOS applicants) in so far as it is governed by 8 CFR 245.13(j) and 245.15(n). Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days.

So based on what we understand, does it mean that the 90 day regulatory timeframe does not apply to EAD application based on open Asylum or AOS applications?

We wanted to clarify from the rest of the visa journey members and hope to hear from the rest of the folks.

Kind regards,

ConiMoni

I believe that it says the opposite: if it hits 90 days you automatically get it, which is called the interim EAD (Instructions for I-765, Application for Employment Authorization)

Interim EAD: An EAD issued to an eligible applicant when USCIS has failed to adjudicate an application within 90 days of a properly filed EAD application, or within 30 days of a properly filed initial EAD application based on an asylum application filed on or after January 4, 1995. The interim EAD will be granted for a period not to exceed 240 days and is subject to the conditions noted on the document. The Interim EAD provisions apply to individuals filing Form I-765 based on Consideration of Deferred Action for Childhood Arrivals only after a determination on deferred action is reached.

I don't know if that is still something they do though. An article from January 2016, says that DHS and USCIS had a proposal with major changes including the elimination of 90-day processing period for EADs and regulation allowing for issuance of interim EADs. But it doesn't say if it is adopted and when it will be applied yet. (which would be a very bad news).

[ConiMoni 11]

Hi angela,

Thank you for taking out the time and sharing your input.

Meanwhile, today we called USCIS again and submitted second service request as we have reached day 91. The case was still pending for processing as per the Tier 2, so they opened up a new service request and we have been asked to check back on July 19th for the response on this SR. No response on the previous SR.

Lets hope things get moving now.

Good luck to all.

Kind regards,

ConiMoni

[AngelaP 13]

I don't really have better things to do anyway, other than trying to find a way to get this EAD faster...

I put on a SR online last friday and the confirmation email said to expect a reply by July 30… I'll definitely call them to put on a SR when I hit the 90-day, sounds like it's much faster calling them.

Hang in there.

[ElliePro 32]

I called USCIS about my EAD today (76th day), got a very nice representative. She didn't offer me an opportunity to put in a SR but gave me an option to do an expedite request. Although she did say that a job offer wouldn't be a valid reason to do so (seems to have worked for other VJ folks:)).

I decided not to do it just yet, as I don't have a job offer in hand (I hopefully will be coming back to the job I had on OPT, so there is no formal offer letter per se, although I can probably ask the HR to create it).

But I went ahead and submitted a SR online, explaining my situation. The confirmation email said "expect response by August 5" lol

[Moslund 94]

I don't really have better things to do anyway, other than trying to find a way to get this EAD faster...

I put on a SR online last friday and the confirmation email said to expect a reply by July 30 I'll definitely call them to put on a SR when I hit the 90-day, sounds like it's much faster calling them.

Hang in there.

By the way he approvals I'm seeing is that people are getting approved like 85-100days now they must if had a huge flood of applicants for EAD... Even tho my EAD got approved before it got approved day 12came from my SR and it still hasn't been assigned by an officer... I'm seeing allot of people not getting them assigned to an officer until day 15-20 from service request submitted... To my understanding of you submit a second service request the old 1 gets disregarded which can will do more harm that good since the 15day count will restart Edited July 14, 2016 by Moslund

[AngelaP 13]

By the way he approvals I'm seeing is that people are getting approved like 85-100days now they must if had a huge flood of applicants for EAD... Even tho my EAD got approved before it got approved day 12came from my SR and it still hasn't been assigned by an officer... I'm seeing allot of people not getting them assigned to an officer until day 15-20 from service request submitted... To my understanding of you submit a second service request the old 1 gets disregarded which can will do more harm that good since the 15day count will restart

Thanks for the info.

How did you know the status of your SR? Do you have to call USCIS or can you check online somewhere?

[Moslund 94]

Thanks for the info.

How did you know the status of your SR? Do you have to call USCIS or can you check online somewhere?

Make account on the case status website if you haven't already... Down the bottom where it says "next step" in grey writing it will say a SR has been submitted on such and such date then it will say if it's been to an officer or not Edited July 14, 2016 by Moslund

[Moslund 94]

My EAD approval was not due to the SR cause when mine got approved it still hasn't been assigned to an officer and I got approved on day 92 so my SR didn't help my approval what so ever

[AngelaP 13]

I see. I can't access my I-765 online, so I guess i can't see the status of the SR neither…

[Kaykee7789 5]

On my 90th day today. ?

I noticed that they approve cases by batch. Last week there was really no progress and then on July 12, there were a lof of people who were approved. After July 12, there were no updates again with the case numbers. I found out about this by running case numbers before and after mine on the USCIS app.

Edited July 14, 2016 by Kaykee7789