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I've had a bit of an unexpected situation come up and I'm curious for anybody's take. I've seen a lot of old threads about AP expedites but am curious for more up-to-date information.


I came to the US on TN status, and am still working for the same employer (my status expires in September 2020). I applied for AoS/EAD/AP on 12/01/2018 based on marriage to my USC husband. I've completed biometrics and am now waiting for EAD/AP,  which is estimated to arrive May 13-17, 2019, according to today's VJ estimate. 

 

The situation

 

Every year, my boss attends a very important conference for our industry overseas -- it's a huge opportunity to network with our international partners and possibly bring in more money for the company, not to mention that the trip itself is also a financial investment. This year's conference is the first week of April, and my boss already made tons of meeting appointments with important contacts, booked hotels/flights, etc. Last week, she broke her foot really badly and has since been advised by her doctor in follow-up appointments that she won't be able to travel by plane by the time the conference comes around. She stands to lose a lot of money if we have to cancel everything (not to mention the lost potential income to the company if we don't attend at all). Today, she asked if I would be able to attend in her stead, as I work closely with her and am familiar enough with her work to act on her behalf. It would be a great professional opportunity for me as well. 

 

I know it might be a long shot, but with a note from the doctor and a letter from my boss, is it worth trying to submit an AP expedite request so I can make the trip for her? One of the USCIS expedite criteria is "severe financial loss to company or person" -- does that need to apply to me specifically, or can a loss to the company I work for also count? I know that this doesn't qualify for an "emergency advance parole" but perhaps a case can be made to speed it up.

 

I'm based in NYC, and my field office no longer takes InfoPass appointments. As I've seen it, I would need to call the USCIS Contact Center number, tell them my request, and then they would ask me to follow up with evidence by mail/fax? Does anyone know how long this process usually takes? Would my boss need to provide flight receipts/accommodations to prove that expenses have already racked up, etc?

 

If the expedite doesn't go through, my boss would never want me to risk my status/AoS (of course, I'd never risk it either!) by leaving, but it would be really beneficial if I could make the trip. 

 

I appreciate anyone's experience with expediting AP for work travel. I know I'm in a bit of a different situation as I'm doing AoS with valid U.S. work authorization, but maybe other TNs out there have encountered it? 

 

Thanks!


AOS from TN Status

 

07/07/2018 -- Married

12/01/2018 -- Mailed AOS package (I-130/I-130A, I-485, I-864, I-765, I-131) to Chicago Lockbox

12/03/2018 [Day 1] -- AOS package received at Chicago Lockbox

12/07/2018 [Day 4] -- Credit card charged $1760 for I-130, I-485 + biometrics fee

12/11/2018 [Day 8] -- Four (4) text alerts confirming receipt of case 

12/17/2018 [Day 14] -- Four (4) hard copy NOAs received in mail (Notice Date: 12/10/2018, Priority Date: 12/03/2018) 

12/21/2018 [Day 18] -- Biometrics notice received

12/24/2018 [Day 21] -- Courtesy letter received for I-693

01/02/2019 [Day 30] -- Biometrics completed 

01/07/2019 [Day 35] -- Biometrics review completed

02/13/2019 [Day 72] -- Case is ready to be scheduled for an interview

03/22/2019 [Day 109] -- EAD/AP approved

03/29/2019 [Day 116] -- EAD/AP combo card received

04/10/2019 [Day 128] -- Interview was scheduled

04/16/2019 [Day 134] -- Interview notice received

05/21/2019 [Day 169] -- AOS interview (approval pending review)

05/29/2019 [Day 177] -- Case approved/new card is being produced

06/01/2019 [Day 180] -- Two (2) hard copy approval notices received in mail for I-130, I-485

06/05/2019 [Day 184] -- Green card received 

 

ROC window opens: 02/28/2021

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3 minutes ago, nerdese said:

I know it might be a long shot, but with a note from the doctor and a letter from my boss, is it worth trying to submit an AP expedite request so I can make the trip for her? One of the USCIS expedite criteria is "severe financial loss to company or person" -- does that need to apply to me specifically, or can a loss to the company I work for also count? I know that this doesn't qualify for an "emergency advance parole" but perhaps a case can be made to speed it up.

I would try it.You got nothing to lose. It doesn't cost any money to request an expedite. I would think "severe financial loss to company" or more specifically, a US company, would be a good reason. Then, I don't know what their definition of "severe" is. I think it would be good if you can someone put a number estimate to the loss, including in their the "potential" business worth to the company. It's easier for them to work with a number ("Look, we're gonna lose this much money in the next year if this person can't go to this conference")

 

 

3 minutes ago, nerdese said:

 

I'm based in NYC, and my field office no longer takes InfoPass appointments. As I've seen it, I would need to call the USCIS Contact Center number, tell them my request, and then they would ask me to follow up with evidence by mail/fax?

No idea, if that the procedure they tell you to follow, follow it. 

 

8 minutes ago, nerdese said:

Does anyone know how long this process usually takes?

No idea, but it's not instantaneous. If you decide to do it, I would start right away.

 

11 minutes ago, nerdese said:

Would my boss need to provide flight receipts/accommodations to prove that expenses have already racked up, etc?

Yes yes. Not only that, I would have her write a letter with all the details as mentioned on #1 above (potential loss business with figure, .... ) and sign it. 

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Thanks so much for your input. I had been thinking along the same lines: the letter from my boss (signed and on company letterhead) would ideally detail all the costs she has already put in, and the potential U.S. income/business lost by not attending (this is something I could easily estimate for her, based on results following our previous attendance at the conference.) This could be supplemented by her receipts for purchases and the proof that she cannot make the trip herself and that I am the only person who could take her place within my company.

 

Going to work on all of this tonight in hopes I can call them tomorrow. 


AOS from TN Status

 

07/07/2018 -- Married

12/01/2018 -- Mailed AOS package (I-130/I-130A, I-485, I-864, I-765, I-131) to Chicago Lockbox

12/03/2018 [Day 1] -- AOS package received at Chicago Lockbox

12/07/2018 [Day 4] -- Credit card charged $1760 for I-130, I-485 + biometrics fee

12/11/2018 [Day 8] -- Four (4) text alerts confirming receipt of case 

12/17/2018 [Day 14] -- Four (4) hard copy NOAs received in mail (Notice Date: 12/10/2018, Priority Date: 12/03/2018) 

12/21/2018 [Day 18] -- Biometrics notice received

12/24/2018 [Day 21] -- Courtesy letter received for I-693

01/02/2019 [Day 30] -- Biometrics completed 

01/07/2019 [Day 35] -- Biometrics review completed

02/13/2019 [Day 72] -- Case is ready to be scheduled for an interview

03/22/2019 [Day 109] -- EAD/AP approved

03/29/2019 [Day 116] -- EAD/AP combo card received

04/10/2019 [Day 128] -- Interview was scheduled

04/16/2019 [Day 134] -- Interview notice received

05/21/2019 [Day 169] -- AOS interview (approval pending review)

05/29/2019 [Day 177] -- Case approved/new card is being produced

06/01/2019 [Day 180] -- Two (2) hard copy approval notices received in mail for I-130, I-485

06/05/2019 [Day 184] -- Green card received 

 

ROC window opens: 02/28/2021

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Circling back on this post with an update...unfortunately, I was not successful in getting my expedite, but this was my experience in case it's potentially useful!

 

Call the USCIS hotline (1-800-375-5283) on Monday evening -- was on hold for about 45 minutes before getting through to a human (in order to avoid the odious menu options, just press 1, 1, 2, 2, and # when prompted for your case number...I got straight through to the hold queue this way.) They do have reps on the line until 9pm EST. Spoke to a friendly representative who put my inquiry in the system. Asked for Alien and I-131 receipt, confirmed my name, DOB, address, and notice date. Stated I was submitting a request for an expedite, and she launched into a script about the rules (no guarantees, burden of proof on applicant, etc.) and a list of the criteria. I stated which one I felt I qualified for, she asked for my email and phone number, and then asked if I had anything further to add. I used this opportunity to give the reasoning for my request. She said they aim to respond to these requests within 5 business days. 

 

I had a letter from my boss and all the proof (bookings, doctor's note) ready to go for the request for evidence today, but got an email this morning with the following update:

 

Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests. While your situation appears serious, you have not provided evidence of an extreme emergent need. 

 

Alas! I knew mine wasn't an emergency,  so I understand their reasoning, but can't say I'm not disappointed. I wish I'd at least gotten to submit my evidence. At least they responded quickly to the original request. 

 

Luckily, my boss understands and we'll do what we can to make up for her not being able to attend her meetings. It's always worth trying as you don't lose anything except an hour or so on hold with USCIS by doing so, but it seems that anything below a true time-sensitive emergency doesn't qualify for an AP expedite. 

 


AOS from TN Status

 

07/07/2018 -- Married

12/01/2018 -- Mailed AOS package (I-130/I-130A, I-485, I-864, I-765, I-131) to Chicago Lockbox

12/03/2018 [Day 1] -- AOS package received at Chicago Lockbox

12/07/2018 [Day 4] -- Credit card charged $1760 for I-130, I-485 + biometrics fee

12/11/2018 [Day 8] -- Four (4) text alerts confirming receipt of case 

12/17/2018 [Day 14] -- Four (4) hard copy NOAs received in mail (Notice Date: 12/10/2018, Priority Date: 12/03/2018) 

12/21/2018 [Day 18] -- Biometrics notice received

12/24/2018 [Day 21] -- Courtesy letter received for I-693

01/02/2019 [Day 30] -- Biometrics completed 

01/07/2019 [Day 35] -- Biometrics review completed

02/13/2019 [Day 72] -- Case is ready to be scheduled for an interview

03/22/2019 [Day 109] -- EAD/AP approved

03/29/2019 [Day 116] -- EAD/AP combo card received

04/10/2019 [Day 128] -- Interview was scheduled

04/16/2019 [Day 134] -- Interview notice received

05/21/2019 [Day 169] -- AOS interview (approval pending review)

05/29/2019 [Day 177] -- Case approved/new card is being produced

06/01/2019 [Day 180] -- Two (2) hard copy approval notices received in mail for I-130, I-485

06/05/2019 [Day 184] -- Green card received 

 

ROC window opens: 02/28/2021

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