Just noted that there is required time for USCIS to make a decision on EAD

[JoJoJoJo 170]

Just made another call to USCIS and was told to wait for another 30 days. (cry) already waited for over 110 days.

 

Just now I ran into https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization

 

The required times in which USCIS must make a decision on a Form I-765 are:

• Ninety (90) days of receipt of applications filed under categories other than asylum-based, or

• Thirty (30) days if filing for an initial EAD based upon a pending asylum case.

 

 

I always thought the 90 day rule is more of an anecdotal rule, but it is actually official! USCIS is required to make a decision in 90 days! 

 

So I am new to the US and heard that things are done by rules here. Because apparently there is a breach of the rule, does this mean USCIS is not bound by rules they set? I am so confused.

 

[mushroomspore 3,044]

This is old and there was a memo online from not too long ago (2016 maybe?) that says they're not bound to this 90 day silliness. It's common knowledge now.

 

Also it is clear the current administration is all about changing the rules for whatever reason so yes it is basically an anarchy now.

Edited January 24, 2018 by mushroomspore

[Californiansunset 336]

35 minutes ago, JoJoJoJo said:

Just made another call to USCIS and was told to wait for another 30 days. (cry) already waited for over 110 days.

 

Just now I ran into https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization

 

The required times in which USCIS must make a decision on a Form I-765 are:

• Ninety (90) days of receipt of applications filed under categories other than asylum-based, or

• Thirty (30) days if filing for an initial EAD based upon a pending asylum case.

 

 

I always thought the 90 day rule is more of an anecdotal rule, but it is actually official! USCIS is required to make a decision in 90 days! 

 

So I am new to the US and heard that things are done by rules here. Because apparently there is a breach of the rule, does this mean USCIS is not bound by rules they set? I am so confused.

 

They changed this rule in January 2017. I looked at the page back when I filed for it in Feb 2017 and it said something alone the lines of "they're trying to process EADs within 90 days but there is no guaranty anymore that they will". 110 days is not a long wait. Most people are waiting around the 120-130 day mark now or even more. Just saw a thread here recently with a lot of them saying they've been waiting around 150 days. 

Try to expedite with a job offer!

[bad4tatt 168]

41 minutes ago, JoJoJoJo said:

Just made another call to USCIS and was told to wait for another 30 days. (cry) already waited for over 110 days.

 

Just now I ran into https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization

 

The required times in which USCIS must make a decision on a Form I-765 are:

• Ninety (90) days of receipt of applications filed under categories other than asylum-based, or

• Thirty (30) days if filing for an initial EAD based upon a pending asylum case.

 

 

I always thought the 90 day rule is more of an anecdotal rule, but it is actually official! USCIS is required to make a decision in 90 days! 

 

So I am new to the US and heard that things are done by rules here. Because apparently there is a breach of the rule, does this mean USCIS is not bound by rules they set? I am so confused.

 

Actually, you have stated in your timeline that you had a RFE so that will reset your clock as per the paragraph on the same link you provided and it states as follows:

 

"One exception to this rule is if USCIS requires initial or additional evidence. If initial is evidence is requested, the processing time will start from zero upon receipt of the requested evidence. If additional evidence is requested, the processing time limit is extended by the amount of time it takes for you to receive the request for evidence and respond to it. Also, the processing time is extended when a request for evidence is issued for any form filed concurrently with Form I-765."

[JoJoJoJo 170]

14 minutes ago, mushroomspore said:

This is old and there was a memo online from not too long ago (2016 maybe?) that says they're not bound to this 90 day silliness. It's common knowledge now.

 

Also it is clear the current administration is all about changing the rules for whatever reason so yes it is basically an anarchy now.

 

1 minute ago, Californiansunset said:

They changed this rule in January 2017. I looked at the page back when I filed for it in Feb 2017 and it said something alone the lines of "they're trying to process EADs within 90 days but there is no guaranty anymore that they will". 110 days is not a long wait. Most people are waiting around the 120-130 day mark now or even more. Just saw a thread here recently with a lot of them saying they've been waiting around 150 days. 

Try to expedite with a job offer!

 

Thanks guys! Wish they have updated the website. This is causing so much confusion.

 

Yeah, I have faxed my job offer two weeks ago. Still no response. Called and was told to wait for 30 days, by which I will reach my 140 days mark...

 

 

[JoJoJoJo 170]

1 minute ago, bad4tatt said:

Actually, you have stated in your timeline that you had a RFE so that will reset your clock as per the paragraph on the same link you provided and it states as follows:

 

"One exception to this rule is if USCIS requires initial or additional evidence. If initial is evidence is requested, the processing time will start from zero upon receipt of the requested evidence. If additional evidence is requested, the processing time limit is extended by the amount of time it takes for you to receive the request for evidence and respond to it. Also, the processing time is extended when a request for evidence is issued for any form filed concurrently with Form I-765."

Oh, yeah! It explicitly says the processing time is extended when a request for evidence is issued for any form filed concurrently with Form I-765.

 

There was a lot of anecdotal evidence about whether FRE for 485 would reset 765. Now it is clear!

 

Okay, clock resetting...

[JoJoJoJo 170]

28 minutes ago, Californiansunset said:

They changed this rule in January 2017. I looked at the page back when I filed for it in Feb 2017 and it said something alone the lines of "they're trying to process EADs within 90 days but there is no guaranty anymore that they will". 110 days is not a long wait. Most people are waiting around the 120-130 day mark now or even more. Just saw a thread here recently with a lot of them saying they've been waiting around 150 days. 

Try to expedite with a job offer!

In the meantime, I am hoping that being under review for possible expedition does not prevent my case from being adjudicated in the non-expedited line.

[geowrian 22,337]

Even if the 90 day rule was actually in effect, there's no recourse (unless your case is long, long overdue...to the point where suing them would make any sense). They aren't intentionally delaying applications, they're just really backlogged right now.

Edited January 24, 2018 by geowrian

[mcdull 474]

20 hours ago, mushroomspore said:

This is old and there was a memo online from not too long ago (2016 maybe?) that says they're not bound to this 90 day silliness. It's common knowledge now.

 

Also it is clear the current administration is all about changing the rules for whatever reason so yes it is basically an anarchy now.

You just said the memo was from 2016 and then blaming the current administration?

I dare you to name one illegal change of rules by the current admin.

[geowrian 22,337]

19 minutes ago, mcdull said:

I dare you to name one illegal change of rules by the current admin.

1) Executive Order 13780

2) Presidential Proclamation 9645

Well, at least multiple courts found them to be (at least in large parts) rule and policy changes in violation of law.

Edited January 25, 2018 by geowrian

[mcdull 474]

1 hour ago, geowrian said:

1) Executive Order 13780

2) Presidential Proclamation 9645

Well, at least multiple courts found them to be (at least in large parts) rule and policy changes in violation of law.

I laughed so hard!

[Hypnos 6,576]

That pesky rule of law thing. 

 

Sad! 

[mushroomspore 3,044]

2 hours ago, mcdull said:

You just said the memo was from 2016 and then blaming the current administration?

I dare you to name one illegal change of rules by the current admin.

Whoa dude or dudette, I never said their rule changes were illegal. I was just saying that they want to change and are trying to change a lot of things and it's causing confusion (ex: all the threads of people wondering about family-based immigration now). It's also turning a huge spotlight on the issue (ex: all the articles of detained/deported immigrants such as Jorge Garcia & Lukasz Niec). 

 

For me to think I know what has caused what and who is to blame would be arrogant. I'm not a lawyer or a government official or even a student of those subjects.