EAD Expedite Timeline After Fax Request

[eckoin 211]

2 minutes ago, killadocg23 said:

Apparently as of recently , they don’t accept financial loss as a reason any more for expedite. Me and a member on here had that discussion and she called and that was what she was told maybe 2 weeks ago or so. Who knows maybe they saw this thread on VJ and everybody trying to expedite. 

I've seen people who are (claiming to be) USCIS officers on another forum get mad that people are even trying to expedite ("it's not everyone else's fault that you didn't submit your paperwork earlier - why should their wait be even longer because of your poor planning"), so I imagine some L1s on the USCIS line either share those views, or happened to have seen many cases denied.

 

But it's not true that they're not expediting based on personal financial loss anymore.  Myself and @DBR requested an expedite 2-3 weeks ago and were approved.

 

I think from the perspective from the officer reviewing the expedite case, the decision to approve or deny comes down to: do you just want to work (denied - so does everyone), or do you have a reason to start working ASAP.  The support for the latter, that seems to be helpful for approvals, includes: 

 

* already employed, and want to continue working while AOS changes (W-2s, joint tax returns, etc. as proof)

* a job opportunity that is relatively rare to come by, or is an exceptional position for your field (you'd have to explain why)

* a job opportunity that would really help your career, like if you're just out of college and this is a very positive career move (you'd have to explain why)

* new financial expenses that sprung up after you submitted your AOS (I've seen people say this isn't a good enough excuse, but I can't see how it would hurt.  Things like a new loan, medical expenses, childcare expenses, etc.)

 

Basically, anything that would suggest that not having the job would be detrimental to your current situation, like loss of current income, new expenses, or not being able to find a similar position for another X months or years if you miss it.

 

I'm guessing that, without an explanation such as one or more of the above puts you in the same bucket as everyone else in the eyes of USCIS, everyone else being people who clearly want a job at some point (otherwise they wouldn't bother applying for EAD in the first place).

 

I would suggest everyone who is considering expediting, or re-submitting an expedite request after denial, put together a package that gets something like this across to help separate you from others who are waiting patiently in line.  Can't hurt, anyway.

[faycher 54]

On 2/22/2018 at 5:17 PM, kvito28 said:

Mine showed 3 lines like that and then changed it to this today:

 

• 02/22/2018
  

  On February 22, 2018, your request to have your case expedited, referral number OVP039*******MSC, was assigned to an officer for response.

• 02/12/2018
  

  On February 12, 2018, we sent a response to your request to have your case expedited, referral number OVP039*******MSC.

   

  It also shows:

   

   

  As of February 22, 2018, your request to have your case expedited, referral number OVP039*******MSC, is on hold while we request your case file.

   

   

Hi ! I have a quick question. Does those update show up under the case history of my EAD application on the New Website ? Thanks 

[GEOntificator 273]

3 hours ago, faycher said:

Hi ! I have a quick question. Does those update show up under the case history of my EAD application on the New Website ? Thanks 

They used to show up on the old website but that no longer works for me. 

[frankiebean 9]

I called in to expedite my EAD on Sept 10th, got a letter in the mail requesting for more evidence on Sept 15th. 

 

I am filing under financial loss.  I am currently working on a TN visa, but received a time sensitive job offer for a better position and higher pay. I am also using my personal income as part of the application to sponsor myself since my husband is unemployed. I filed in Aug 2018, and my TN visa expires Aug 2019. Since the wait is currently 13-28 months for the green card. I am using these reasons for needing to expedite my EAD. 

 

Do you guys think these are good enough reasons? Also, when should I expect to hear back next? I faxed in my evidence on Sept 15 - and it was successfully faxed. Will I receive a notification from USCIS saying they received the fax? I have not seen any updates on my case status on the website yet. 

 

Thanks!

[eckoin 211]

1 minute ago, frankiebean said:

I called in to expedite my EAD on Sept 10th, got a letter in the mail requesting for more evidence on Sept 15th. 

 

I am filing under financial loss.  I am currently working on a TN visa, but received a time sensitive job offer for a better position and higher pay. I am also using my personal income as part of the application to sponsor myself since my husband is unemployed. I filed in Aug 2018, and my TN visa expires Aug 2019. Since the wait is currently 13-28 months for the green card. I am using these reasons for needing to expedite my EAD. 

 

Do you guys think these are good enough reasons? Also, when should I expect to hear back next? I faxed in my evidence on Sept 15 - and it was successfully faxed. Will I receive a notification from USCIS saying they received the fax? I have not seen any updates on my case status on the website yet. 

 

Thanks!

What did you submit as proof?  I think your reasoning is fine (everyone who's already employed seems to have gotten their expedites approved).  

 

I didn't receive any notifications that my fax was received.  I faxed mine on 9/7 (Friday at 9pm), so for all intents and purposes, they received it on Monday, 9/10, and then on 9/15 the status changed to "Approved".  Some people receive notifications that USCIS received the evidence and is in the process of reviewing it, others just get an approved/denied.  I'd wait until next week, and if you don't hear back by, say, Tuesday, call the main line and see if there are any issues with the fax.

[frankiebean 9]

Thanks for the reply, eckoin!

 

I submitted my job offer letter, a photocopy of my passport with the TN Visa and expiration date, and a cover letter stating all my reasons. I figured they already have my forms that I sent in using myself as a financial sponsor so I didn't need to send that in again. 

 

I will give them a call next week if I haven't heard back

 

 

 

 

[eckoin 211]

12 minutes ago, frankiebean said:

Thanks for the reply, eckoin!

 

I submitted my job offer letter, a photocopy of my passport with the TN Visa and expiration date, and a cover letter stating all my reasons. I figured they already have my forms that I sent in using myself as a financial sponsor so I didn't need to send that in again. 

  

I will give them a call next week if I haven't heard back

 

 

 

 

Yeah, since you sent it on Saturday, if yours moves in the same timeframe as mine did, you could receive a notification this Saturday that it was approved (as of Friday).  

 

I did send all of the same stuff again (W2s, tax return, pay stubs, etc.) but that may have just been overkill

[DBR 36]

USPS says my EAD will be delivered tomorrow, does someone have to sign for it, or will they just leave it in the mail box?

[eckoin 211]

2 minutes ago, DBR said:

USPS says my EAD will be delivered tomorrow, does someone have to sign for it, or will they just leave it in the mail box?

I got the EAD (had a tracking number) and SSN on the same day, just left it in my mailbox. Neither letter came with a signature required, so

[NancyLyz 58]

On 9/20/2018 at 6:36 AM, frankiebean said:

I called in to expedite my EAD on Sept 10th, got a letter in the mail requesting for more evidence on Sept 15th. 

 

I am filing under financial loss.  I am currently working on a TN visa, but received a time sensitive job offer for a better position and higher pay. I am also using my personal income as part of the application to sponsor myself since my husband is unemployed. I filed in Aug 2018, and my TN visa expires Aug 2019. Since the wait is currently 13-28 months for the green card. I am using these reasons for needing to expedite my EAD. 

 

Do you guys think these are good enough reasons? Also, when should I expect to hear back next? I faxed in my evidence on Sept 15 - and it was successfully faxed. Will I receive a notification from USCIS saying they received the fax? I have not seen any updates on my case status on the website yet. 

 

Thanks!

I don't think they'd let you expedite your EAD since your TN visa is still valid till next August. In addition, the new EAD should arrive before that expires (4-6 months processing time).

[eckoin 211]

7 minutes ago, NancyLyz said:

I don't think they'd let you expedite your EAD since your TN visa is still valid till next August. In addition, the new EAD should arrive before that expires (4-6 months processing time).

Even if they're trying to get another job that is a better position/better pay? 

 

I'm sure being able to work somewhere is better than not being able to work at all, but it seems like a valid reason to me. I'm curious to see how it went @frankiebean

Edited September 24, 2018 by eckoin

[NancyLyz 58]

3 minutes ago, eckoin said:

Even if they're trying to get another job that is a better position/better pay? 

 

I'm sure being able to work somewhere is better than not being able to work at all, but it seems like a valid reason to me. I'm curious to see how it went @frankiebean

Well unless the current company is firing you because your new EAD won't arrive before TN Visa expires, from USCIS point of view, it's not a financial loss. And as far as I know, with TN visa, you're still allowed to switch employers. You just need to make sure the new employer and the new position qualify before submitting the application for the changes.

 

And there is a year from the mentioned filing date (August 2018) before the TN visa expires, I'd think that's going to be a hard case to prove that the applicant really need the new EAD immediately. A similar case will be someone, currently employed with other visas/AOS ead, trying to expedite their adjustment of status interview to get there green card faster so they can get security clearance at a new job they're offered. I won't say it's impossible to expedite cases under the reason of "reduced potential financial gain" but if the field office is willing to do that, then the applicant is pretty lucky.

 

 

[eckoin 211]

16 minutes ago, NancyLyz said:

Well unless the current company is firing you because your new EAD won't arrive before TN Visa expires, from USCIS point of view, it's not a financial loss. And as far as I know, with TN visa, you're still allowed to switch employers. You just need to make sure the new employer and the new position qualify before submitting the application for the changes.

 

And there is a year from the mentioned filing date (August 2018) before the TN visa expires, I'd think that's going to be a hard case to prove that the applicant really need the new EAD immediately. A similar case will be someone, currently employed with other visas/AOS ead, trying to expedite their adjustment of status interview to get there green card faster so they can get security clearance at a new job they're offered. I won't say it's impossible to expedite cases under the reason of "reduced potential financial gain" but if the field office is willing to do that, then the applicant is pretty lucky.

That's a good point, the new employer could submit an I-129 to transfer the TN.  I don't remember this being an option when I was applying for my last TN (2015), but maybe it was and I just skipped it.  I'm not sure someone already in the AOS process is allowed to, since TN is still a non-immigrant intent status for Canadians so applying to switch the TN would be saying concurrently that you intend to immigrate (pending AOS) and that you don't (transfer my TN).  But maybe there are loopholes at the same time.

 

I totally agree with you that it's unlikely to be severe financial loss--maybe if the new position were to pay double the current salary.  I remember the security clearance post; I wonder if that person went anywhere, she seemed convinced she had a great case

 

I'm curious to see what happened with this one though.  I can see either outcome being reasonable.

[A&H2018 146]

Do not need to overthink it. Rules are simple, TN is a "non-immigrant" visa. The moment AOS was filed in your lifetime till the i130 petition and your spouse exists the TN visa option is dead to you. No transfers, no renewals nothing.

Currently your life is tied to one employer and you cannot even leave the country for business travel till you get an AP.

 

You are expediting because if tomorrow you are fired, NAFTA falls, need to travel for business your current status is no more. All your current status gives you is the ability to work for your current employer till Aug 2019. You need to emphasis the new opportunity is a unique one and if you are fired tomorrow cannot easily find it again. I assume you want it, make the IO understand why in your expedite cover letter.

 

Another poster went TN to EAD right away, by going directly to their congressman after expedite info request came.

Edited September 24, 2018 by A&H2018

[frankiebean 9]

21 hours ago, A&H2018 said:

You are expediting because if tomorrow you are fired, NAFTA falls, need to travel for business your current status is no more. All your current status gives you is the ability to work for your current employer till Aug 2019. You need to emphasis the new opportunity is a unique one and if you are fired tomorrow cannot easily find it again. I assume you want it, make the IO understand why in your expedite cover letter.

 

That's a great reason, I wish I included it in my cover letter! If they ask for more evidence, or I have to put in a new request I'll be sure to do so. I haven't heard back on the decision yet, and I've called 3 times (twice yesterday, once this morning) to be put on a call back wait. So far they haven't called me back and the wait stated was 20-30mins...

 

How easy/quick is it to get the congressman to help with the expedite process?