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Charmss

EAD expedite supporting document for severe financial loss?

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Hello,

 

We requested EAD expedite for severe financial loss due to termination with a letter (I included our situation where the job is terminated as of visa expiration date, and they would continue the position if status is resolved). USCIS got back to me saying that we need more than this letter. 

 

The workplace orally confirmed that "they would continue with the position once EAD is obtained," but would not write a letter to confirm the statement. They would also not write a letter for the termination, but we have an email conversation of when the termination is, etc. Can I just print this email conversation as supporting document? We are about 5 months out. What other documents do I need to make my case stronger?

And is it even necessary to push for it now that I have about 1 month to officially inquire for processing outside of timeline? (since they have the timeline of 4-6 months for family based C9)

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Is this a F1 OPT job?

 

What did you send to support severe financial loss?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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5 hours ago, Charmss said:

Hello,

 

We requested EAD expedite for severe financial loss due to termination with a letter (I included our situation where the job is terminated as of visa expiration date, and they would continue the position if status is resolved). USCIS got back to me saying that we need more than this letter. 

 

The workplace orally confirmed that "they would continue with the position once EAD is obtained," but would not write a letter to confirm the statement. They would also not write a letter for the termination, but we have an email conversation of when the termination is, etc. Can I just print this email conversation as supporting document? We are about 5 months out. What other documents do I need to make my case stronger?

And is it even necessary to push for it now that I have about 1 month to officially inquire for processing outside of timeline? (since they have the timeline of 4-6 months for family based C9)

I have OPT and I am currently employed and applied for financial loss expedition request all they asked for was a letter from my employer saying I will be terminated. They specifically said please send only letter from employer. They did not request any additional evidence. 

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You can try with the email, but this just seems suspicious. Why won't the employer write such a letter? They can word it in such a way that doesn't violate at-will legalities. From the USCIS perspective, a letter from you is certainly not enough (which is what you sent it appears). If your employer won't say that this expedite will actually help you keep the job, then it looks, on paper, like they're not going to rehire you. What an odd situation. 

 

In terms of "is it worth it" - that's up to you. Could be any day now, could be 7 months total, could be even longer but that'd be unusual. 

Edited by eckoin

Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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On 2/26/2019 at 1:12 PM, eckoin said:

You can try with the email, but this just seems suspicious. Why won't the employer write such a letter? They can word it in such a way that doesn't violate at-will legalities. From the USCIS perspective, a letter from you is certainly not enough (which is what you sent it appears). If your employer won't say that this expedite will actually help you keep the job, then it looks, on paper, like they're not going to rehire you. What an odd situation. 

 

In terms of "is it worth it" - that's up to you. Could be any day now, could be 7 months total, could be even longer but that'd be unusual. 

I had a similar situation last month where my EAD was expired and the automatic extension was 2 weeks away from expiring but my renewal was still pending. I sent my employer an email asking for a letter saying they would terminate me I didn't submit a new EAD when my extension expired. My employer replied that they couldn't give me a letter like that because they would not terminate me but instead put me on unpaid leave until i got a new EAD. Long story short I printed the email from HR about the unpaid leave plus the 2 most recent pay stubs and used that as my evidence  of severe financial loss. My EAD was expedited after that - on a side note I also did an infopass at local USCIS office who also out in an expedite request and my local congressman also contacted USCIS all at the same time.

On 2/26/2019 at 3:12 AM, Charmss said:

Hello,

 

We requested EAD expedite for severe financial loss due to termination with a letter (I included our situation where the job is terminated as of visa expiration date, and they would continue the position if status is resolved). USCIS got back to me saying that we need more than this letter. 

 

The workplace orally confirmed that "they would continue with the position once EAD is obtained," but would not write a letter to confirm the statement. They would also not write a letter for the termination, but we have an email conversation of when the termination is, etc. Can I just print this email conversation as supporting document? We are about 5 months out. What other documents do I need to make my case stronger?

And is it even necessary to push for it now that I have about 1 month to officially inquire for processing outside of timeline? (since they have the timeline of 4-6 months for family based C9)

I had a similar situation last month where my EAD was expired and the automatic extension was 2 weeks away from expiring but my renewal was still pending. I sent my employer an email asking for a letter saying they would terminate me I didn't submit a new EAD when my extension expired. My employer replied that they couldn't give me a letter like that because they would not terminate me but instead put me on unpaid leave until i got a new EAD. Long story short I printed the email from HR about the unpaid leave plus the 2 most recent pay stubs and used that as my evidence  of severe financial loss. My EAD was expedited after that - on a side note I also did an infopass at local USCIS office who also out in an expedite request and my local congressman also contacted USCIS all at the same time.

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14 minutes ago, azblk said:

I had a similar situation last month where my EAD was expired and the automatic extension was 2 weeks away from expiring but my renewal was still pending. I sent my employer an email asking for a letter saying they would terminate me I didn't submit a new EAD when my extension expired. My employer replied that they couldn't give me a letter like that because they would not terminate me but instead put me on unpaid leave until i got a new EAD. Long story short I printed the email from HR about the unpaid leave plus the 2 most recent pay stubs and used that as my evidence  of severe financial loss. My EAD was expedited after that - on a side note I also did an infopass at local USCIS office who also out in an expedite request and my local congressman also contacted USCIS all at the same time.

I had a similar situation last month where my EAD was expired and the automatic extension was 2 weeks away from expiring but my renewal was still pending. I sent my employer an email asking for a letter saying they would terminate me I didn't submit a new EAD when my extension expired. My employer replied that they couldn't give me a letter like that because they would not terminate me but instead put me on unpaid leave until i got a new EAD. Long story short I printed the email from HR about the unpaid leave plus the 2 most recent pay stubs and used that as my evidence  of severe financial loss. My EAD was expedited after that - on a side note I also did an infopass at local USCIS office who also out in an expedite request and my local congressman also contacted USCIS all at the same time.

Did you manage to expedite EAD with that?

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Hi, thank you so much for all of you for all your responses. Our situation is similar with @azblk so that's why they couldn't have a letter for us, even for termination. They won't produce any more of paystubs if not paid, so I don't think we can provide paystubs as a proof of financial loss, but I hope it is ok with the email printout. I will try to reach out to USCIS office as well, because it seems like it worked for some people. 

Edited by Charmss

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18 hours ago, Charmss said:

Hi, thank you so much for all of you for all your responses. Our situation is similar with @azblk so that's why they couldn't have a letter for us, even for termination. They won't produce any more of paystubs if not paid, so I don't think we can provide paystubs as a proof of financial loss, but I hope it is ok with the email printout. I will try to reach out to USCIS office as well, because it seems like it worked for some people. 

If the issue is that you wouldn't be terminated per se, then being put on unpaid leave is absolutely relevant. When I expedited, my employer put "will not be able to continue employment without interruption" which is all but the same thing, from the perspective that you can't work and get paid. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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