How to streamline AOS and EAD steps?

[Family 3,560]

5 hours ago, GCG said:

also the company can't hire anybody else because it's a very specialized position, they are losing literally millions and research that could be saving lives is being postponed, still USCIS doesn't give a (removed) ! 😃 

@GCGTry having your employer write out a statement of financial loss, negative impact on employer is by the book a qualifier. If expedite is denied, appeal the denial . Also Google congressman in employer’s district and fill out case authorization ( employer signs) and asks for Congressional Liason to read that financial loss statement and help w expedite.

It’s easiest to call USCIS , make the expedite request on the phone and offer to submit employer letter via email . ..

 

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

 

Because granting an expedite request means that USCIS would adjudicate the requestor's benefit ahead of others who filed earlier, we carefully weigh the urgency and merit of each expedite request. We may consider an expedite request if it meets one or more of the following criteria or circumstances:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure

Edited January 6, 2023 by Ontarkie
edited quoted part for language

[Mike E 11,727]

50 minutes ago, Artuicune said:

Thanks for the general info. I will look into hiring a lawyer to do this. If you have any indication on where to start searching for one, it would be appreciated, as I don't have any experience with lawyers.

1. I look for immigration lawyers that are top rated in Google maps and Yelp.
 

2. Then I eliminate the ones that aren’t exclusively practicing immigration law.  

 

3. I narrow it down to top 5

 

4. Eliminate the ones that are not listed at aila.org

 

5. Eliminate the ones that are not members of the state bar. Note that in NY State there are multiple bars so this can be trickier yet it is doable. Of the lawyer claims to be a member of a particular bar you can find that bar’s website and verify. 
 

6. Next read every negative review of every lawyer.  The negative reviews will either be from high maintenance customers who complain about meaningless stuff. And negative reviews about material stuff. If the latter  reviews ring true then eliminate lawyer.  
 

7. Next the positive reviews. You want to look  for reviews   that refer to EADs and litigation. 

 

 

Edited January 5, 2023 by Mike E

[GCG 9]

47 minutes ago, Family said:

@GCGTry having your employer write out a statement of financial loss, negative impact on employer is by the book a qualifier. If expedite is denied, appeal the denial . Also Google congressman in employer’s district and fill out case authorization ( employer signs) and asks for Congressional Liason to read that financial loss statement and help w expedite.

It’s easiest to call USCIS , make the expedite request on the phone and offer to submit employer letter via email . ..

 

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

 

Because granting an expedite request means that USCIS would adjudicate the requestor's benefit ahead of others who filed earlier, we carefully weigh the urgency and merit of each expedite request. We may consider an expedite request if it meets one or more of the following criteria or circumstances:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure

Already did all that, still waiting on a reply back since Nov 7th. 

[Family 3,560]

8 minutes ago, GCG said:

Already did all that, still waiting on a reply back since Nov 7th. 

It’s a bit long for them to assign an officer and either make a decision or ask for additional info. 
Rule of thumb is to “ poke the bear “ weekly and check on status. Keep calling 

[P055UM 259]

3 hours ago, Marieke H said:

 

If you go to the SSA after your marriage, they likely will not be able to issue a SSN to you, because the records in the system (from when you entered the country) do not match your current status (you are married, while you entered the country as single). You would then need to wait until you have some kind of government issued documentation (and EAD or green card) before they can issue a SSN

 

When did this change? I was married when I first went to the Social Security office. Being married did not pose a problem in any way. It was only August 2021 so it must be a very recent change in policy. 

Edited January 6, 2023 by AW1704

[Lemonslice 4,610]

You might want to verify how long it will take to get your marriage certificate; it is much longer in some locations. 

[kgund77 4]

Just wanted to chime in with my own data point that might be helpful. We filed my husband’s AOS (from a non-K1 visa) on October 19th of this past year, and his EAD was approved 5 weeks later (one business day after his biometrics appointment) and card received in the mail one week after that. No expedite request or any special circumstances. We were shocked it was so fast, and we personally know another couple who also received their EAD within 2 months in 2022. Obviously it’s very different from case to case and there are no guarantees, but I hope that gives you a bit of hope, at least! 

[mari04 100]

You can expedite EAD based on the job offer. I would prepare AOS package as much as possible now. Get married immediately after arrival, get urgent marriage certificate, send the package along with EAD card. Once they issue NOA on the EAD, apply for expedite based on the job offer. This is absolutely 100% valid reason for the EAD expedite. You may actually make it for March deadline. 

[Ontarkie 13,979]

3 hours ago, AW1704 said:

When did this change? I was married when I first went to the Social Security office. Being married did not pose a problem in any way. It was only August 2021 so it must be a very recent change in policy. 

Not new at all. It's been this way for the last 15 yrs i've been on VJ. It's more like you got lucky that you had someone who was clueless and didn't think by getting married you voided your visa. That is one of the biggest issue and why some many of us say to get the social before marriage. It just saves a headache.

[Artuicune 1]

5 hours ago, Ontarkie said:

Not new at all. It's been this way for the last 15 yrs i've been on VJ. It's more like you got lucky that you had someone who was clueless and didn't think by getting married you voided your visa. That is one of the biggest issue and why some many of us say to get the social before marriage. It just saves a headache.

Are the courthouse and SSA connected then, otherwise how would they even know? 

 

Anyway, we now are planning to self-marry. We can get the forms before, first get SSN and then submit the paperwork afterwards.

[Mike E 11,727]

4 hours ago, Artuicune said:

Are the courthouse and SSA connected then, otherwise how would they even know? 

Our philosophy is to not lie (especially to federal employees) to obtain a benefit.  
 

You are seeing the pitfalls of K-1.  You knew that, or should have known  that.  There were no shortage of people here advising others to not go the K-1 route.  

Edited January 6, 2023 by Mike E

[SalishSea 16,946]

5 hours ago, Artuicune said:

Are the courthouse and SSA connected then, otherwise how would they even know? 

 

Anyway, we now are planning to self-marry. We can get the forms before, first get SSN and then submit the paperwork afterwards.

What in the world is “self-marry”?

[GCG 9]

14 hours ago, Family said:

It’s a bit long for them to assign an officer and either make a decision or ask for additional info. 
Rule of thumb is to “ poke the bear “ weekly and check on status. Keep calling 

Everytime I asked they just kept adding a "new service request" which pushes your case back to the end of the queue, so I'm in a forever loop of "it's been more than 30 days" and "wait until it's been 30 days"

 

[Boiler 43,791]

Good news is that I have seen some recently filed EAD's come through pretty quick.

 

Expediting is effectively just part of the process now, you do not seem to have a strong case but you never know and I have seen some odd approvals. It is free so give it a go.

 

Job offers are easy to get, certainly where I am all the Supermarkets seem desperate for staff.

 

Lawyer or not as always is a personal choice, your money, this is a DIY site but obviously there are situations where legal help is needed. This does not seem to be such a case. Be aware that Lawyers have staff and it would be odd for a Lawyer to deal with a simple case. Assuming you are comfortable dealing with the paperwork it will inevitably be quicker if you do it yourself, a Lawyer is not going to have it as their prime focus.

[mari04 100]

27 minutes ago, Boiler said:

Good news is that I have seen some recently filed EAD's come through pretty quick.

 

Expediting is effectively just part of the process now, you do not seem to have a strong case but you never know and I have seen some odd approvals. It is free so give it a go.

 

Job offers are easy to get, certainly where I am all the Supermarkets seem desperate for staff.

 

Lawyer or not as always is a personal choice, your money, this is a DIY site but obviously there are situations where legal help is needed. This does not seem to be such a case. Be aware that Lawyers have staff and it would be odd for a Lawyer to deal with a simple case. Assuming you are comfortable dealing with the paperwork it will inevitably be quicker if you do it yourself, a Lawyer is not going to have it as their prime focus.

Biotech job is not supermarket. Being a CEO of a biotech company, I can tell you that it is very hard to find qualified employees. 95% of the positions require at least college education. 50% of the positions in my company require MD or PhD. The lowest paid person in my company makes $75.. Median salary is $125k.  You cannot compare. Biotech or high tech jobs are not only in high demand but also very hard to qualify for due to highly specialized skill set. So the case is very strong. 

Edited January 6, 2023 by mari04