Work Authorization in conjunction w/ AOS

[atynan 0]

My wife (who moved from Brazil in January) and I submitted the Adjustment of Status and I-765 Work Authorization forms and these were received by USCIS on March 16. USCIS is currently processing I-765s received on January 1, so we are likely 2.5 months away from being processed. My fiancee can almost certainly get a seasonal summer position through so connections I have if she is able to apply in approximately the next two weeks (must answer affirmatively that she can legally work in the US) and if she can start the position in late-May. If she can't accomplish either of these, she will not get the position. There is not enough bang for buck in this position to pay the $1,225 expediting fee.

 

We contacted our US Representative's office and were referred to the expedite criteria. https://www.uscis.gov/forms/expedite-criteria Is there any other way of getting this processed sooner? Any advice? Thanks.

[Ben&Zian 4,398]

Expediting can be done if they have a solid job offer and documentation to back it up.

 

Generally takes 90 days about to receive the EAD with 'normal' processing.

 

 

[geowrian 22,337]

Expedite is the only way. As noted above, you generally need to have a solid job offer beforehand. It's a bit of a catch-22 in your circumstance...you won't get the job offer without being able to legally work in that time frame, and you need the job offer to get the expedite needed to meet that timeline. Unfortunately, I don't see a way to make those work.

 

The job application is not legally binding...saying she can work and meet that timeline does not require that she actually take and perform the job if an offer is made. However, if the timing does not work out and she can't work yet, that's egg on your face as the person kind-of setting this up via connections.

 

There is no expediting fee....not sure what you're referring to here.

[atynan 0]

10 minutes ago, geowrian said:

Expedite is the only way. As noted above, you generally need to have a solid job offer beforehand. It's a bit of a catch-22 in your circumstance...you won't get the job offer without being able to legally work in that time frame, and you need the job offer to get the expedite needed to meet that timeline. Unfortunately, I don't see a way to make those work.

 

The job application is not legally binding...saying she can work and meet that timeline does not require that she actually take and perform the job if an offer is made. However, if the timing does not work out and she can't work yet, that's egg on your face as the person kind-of setting this up via connections.

 

There is no expediting fee....not sure what you're referring to here.

Thanks geowrain... I believe that I could get something in writing from the hiring manager for this position that describes that he has discussed this position with my wife and anticipates hiring her if she can legally apply in time. Would they accept the circumstances and expedite us with that in hand? At that point, do I have a case of describing "severe financial loss to company or person," per USCIS? Will they examine our finances to make this determination? Or can I note that we project she will make $X at the job and if she cannot get hired she will not make $X, therefore creating a financial loss? Just wondering how USCIS scrutinizes this?

 

Also, I believe I was confusing "Expediting" with "Premium Processing" in speaking about the fee.

[geowrian 22,337]

2 minutes ago, atynan said:

Thanks geowrain... I believe that I could get something in writing from the hiring manager for this position that describes that he has discussed this position with my wife and anticipates hiring her if she can legally apply in time. Would they accept the circumstances and expedite us with that in hand? At that point, do I have a case of describing "severe financial loss to company or person," per USCIS? Will they examine our finances to make this determination? Or can I note that we project she will make $X at the job and if she cannot get hired she will not make $X, therefore creating a financial loss? Just wondering how USCIS scrutinizes this?

 

Also, I believe I was confusing "Expediting" with "Premium Processing" in speaking about the fee.

The only way to know is to try. If the document is worded in a way that a job would definitely be available upon approval, they may accept it. I say "may" because I'm not aware of others who have done so before. The "severe financial loss" can be attempted, but for a seasonal position that may be a stretch. The EAD is a little unique in that a job offer generally qualifies as a reason for expedite despite the expedite criteria not listing it as such. You should show that you project $x to be loss, but I don't think showing existing financials is necessary. Again, the job offer itself is generally all that's needed for EAD.

 

Gotcha. Premium processing isn't available for this anyway.

[atynan 0]

Thanks... I don't think we have anything to lose, so we are going to give it a shot!

[geowrian 22,337]

1 minute ago, atynan said:

Thanks... I don't think we have anything to lose, so we are going to give it a shot!

Agreed. Good luck!