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wish2bflying   3

Posted
Filed: K-1 Visa Country: Australia
 Timeline
Posted

I have a question about EAD processing.

My I-765 was approved March 1, but I didn't get a notice that the card was being produced. When I followed it up, they said I missed my biometrics appointment from December last year. They realised when I was on the phone that no, I didn't miss the appointment, it was just that the biometrics was done under my I-485 application, and for some reason hadn't transferred to the I-765 application. They said I might have to redo the biometrics, but they would submit a Service Request and get back to me. Well, that was over two weeks ago. I rang on Friday last week and they said I can't follow it up until 30 days has passed. I can't find out ANY other information, like whether or not I can just drive to St Louis and get the biometrics done again anyway, or what. The complicating thing here is that on the basis of my I-765 approval notice, I started applying for jobs. I interviewed with a company who was keen to go ahead, but now without the actual EAD card, they can't employ me, so everything's on hold. Meanwhile, I'm going broke.

 

So, I have two questions: first, with the I-765 already approved (nothing to "expedite" as it's approved already, according to the Level 2 USCIS officer), can the employer go ahead and give me a job even though they can't fill in the Form I-9 "properly"? Twice now on the phone with USCIS, they've said "if your employer requires the EAD card to satisfy their legal requirements, then you have to wait for it". Well, I asked them does that mean that the company has the ability to waive the requirement for the card and just go on the basis of my approval notice? They said "we're not giving you legal advice". But you just said ... ! "Nope, that's not legal advice, you'd have to consult a lawyer".

 

Second, is there anyone else I can call, or even go and camp out in their foyer, until I get an answer? The Help line is really not helping.

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cyanmavi Collaborator

cyanmavi   101

Posted
Filed: Citizen (pnd) Country: Turkey
 Timeline
Posted

I would expect that the biometrics are required to approve the EAD, and you seem to have an approved EAD, so no more need for biometrics.

Regardless, you need to wait for the actual card to be able to accept employment.

In the meantime, you can try to make an info-pass appointment and talk to USCIS officers in person.

 

K-1, AOS, ROC, Citizenship timeline below:

Spoiler

 

Met in school summer of 2011, started dating May 2012, engaged June 2016

07/15/2016 - Sent K-1 visa documents                    04/20/2017 - Mailed AOS package                                              09/16/2019 - Mailed ROC package to wrong center

07/19/2016 - NOA1 (California Service Center)         04/23/2017 - AOS package delivered                                          09/19/2019 - Printed everything again and mailed it correctly

09/02/2016 - NOA2 (45 days)                                 04/29/2017 - AOS text and email notifications                             09/23/2019 - ROC Case Was Received

09/15/2016 - NVC case number assigned                 05/04/2017 - NOA1 received for AOS, EAD, AP                            12/02/2019 - Biometrics Appointment (Got notice late, missed appt)

09/29/2016 - Case is "Ready" at embassy                05/22/2017 - Biometrics taken                                                   12/09/2019 - Biometrics taken, walk-in

10/06/2016 - Got an interview date!                        06/14/2017 - Case is Ready to Be Scheduled for Interview            12/10/2019 - Fingerprint Review Was Completed

11/06/2016 - Scheduled the medical!                       08/03/2017 - Interview is Scheduled                                           04/22/2020 - Case Was Received At My Local Office

12/06/2016 - Medical done!                                    09/06/2017 - Interview time!                                                     05/22/2020 - New Card Is Being Produced

12/12/2016 - Interview done! Visa approved!            09/06/2017 - RFE for (lost) medical                                            05/26/2020 - Case Was Approved

12/16/2016 - Visa issued                                         09/19/2017 - New medical submitted (in person)                         05/30/2020 - Card Was Delivered To Me By The Post Office

12/19/2016 - Passport with visa, envelope in hand     09/26/2017 - New Card is Being Produced (online update)                                       (First class mail, tracking provided)                     

01/11/2017 - POE!!!                                               09/29/2017 - Received I-797 Approval Notice                                                  06/28/2020 - N-400 application window opens!

04/06/2017 - Married                                                                              Card Was Mailed to Me                                                 07/13/2020 - N-400 application submitted!

                                                                            10/04/2017 - Green card in hand!                                                                  11/23/2020 - Called for a service request

                                                                                                                                                       12/04/2020 - Biometrics scheduled online notice

                                                                                                                                                       12/31/2020 - Biometrics appointment

                                                                                                                                        06/24/2021 - Interview Notice (interview on 7/27/2021)

 

 

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