milkypoochie

Hi all,

So we went in for our interview this morning. We weren't off to a good start. We checked in 10 minutes before the appointment time and were told to sit and wait on the 2nd floor. 20+ minutes later, we were still waiting. So I asked the front desk, she checked her computer and said she'd call an agent. Another 15+ minutes later, this front desk guy comes running over and furiously apologized that they did not notice a "schedule change," that we should be waiting on the 3rd floor...

Fast forward, interviewer eventually found us at the 3rd floor waiting room. She was extremely irritated that we were late for our appointment. I explained that the front desk downstairs did not notice the "schedule" change. She (though that I was lying) said there was NO schedule change. I had to explain again that they called it a "schedule change" downstairs and only informed us to come upstairs a few minutes ago. She still didn't seem to believe me because she said we weren't checked in in the system. At which point I told her that she could call downstairs to confirm that we arrived on time and promptly checked in with the front desk but was told to wait on the wrong floor [After the interview, she apologized for the confusion. So I suppose she finally believed me?]

My husband and I were interviewed together. Most of the interview went pretty well, until she asked for my hubby's current pay stubs and more proof of dependency documents. I was not aware (nor was it in the list of to-bring items) that we need to provide the most recent pay stubs because we already submitted early 2017 pay stubs with our application. As for the dependency documents, we have our rental agreement, military dependency records, and our marriage certificate. She was not happy that we did not have joint bank accounts (we split rent, expenditures and utility fees). She even told us to stop lying about having a joint car insurance because my hubby told her he registered my info with the insurance company but the car is his and I don't drive. My hubby also told her he put me down as the beneficiary for his life insurance and we told her about our wedding reception plans this summer. But then, of course, everything comes down to physical paper proof, which we did not have with us. She kept asking if we have any more supporting documents. She took a bunch family photos from us. In the end, she said our case will be reviewed and that if they need further evidence, they'll let us know in 5 to 7 days.

How likely is it that our application will be approved without further ado? Is it likely that they'll ask for additional evidence? Will we be called back for a second interview?

Thank you for all your insights in advance!!

@Hello_there Out of curiosity, are you Chinese? So if you read the earlier posts, it tells you that the automatic 180 days extension only applies when you renew the same visa, e.g., c3B to c3B. Although c9 to c3B is a renewal, they are different visas, thus you don’t get the 180 day extension. That’s why the owner of this post suggested applying for a c3B renewal alongside to qualify for extension.

6 minutes ago, Hello_there said:

I'm worried about it. I love my job. I guess I don't qualify for the 180-day extension. I do have a doctrate in a STEM field. Do you know if I can apply for the 180-day extension? Also, can I still keep my job if I go on unpaid leave?

@Hello_there You get the 180-day extension automatically when you “apply” for a student (c3B) visa and while that application is accepted but pending. Whether you can keep your job or not is between you and your employer. 

10 minutes ago, Hello_there said:

@milkypoochie Thank you for your response. My concern is bring able to continue working at my job. We submitted all the paperwork for c9 last week and my EAD (c3B) expires end of January. I was wondering what I should do if the EAD doesn't arrive in time. What do I tell my employer?

@Hello_there  You can’t legally work or get paid once your current visa expires. You may want to talk to your employer about job arrangements. But I must say you filed your c9 application really late. Depending where you are, some USCIS officrs are super backlogged and may take them quite a while to grant your new EAD. That said, maybe you can have your employer write you a letter and file for emergency expedition. Still, it’ll take a while and Thanksgiving and Christmas are around the corner...  or maybe do what Embell did and file another application for student visa  and get the 180 days automatic extension. You might want to look it up on USCIS website if that is allowed or if there are consequences.

@Hello_there She probably got her visa. I got mine as well. I figured out that as long as you are married to a US citizen and filed for AOS and visa accordingly, USCIS won’t kick you out even if your current visa has expired. You just can’t travel outside US.

2 hours ago, Alberto20 said:

She’s an Asylee, USCIS granted her the status, does it make any difference?

Definitely we keep that in mind, thanks

If her current EAD is based on her Asylee status and she applied to renew her EAD based on marriage (or whatever non-asylee status she is adjusting to), the it is essentially two different classes of EAD. Thus, the 180 days extension period will not apply when her current EAD expires.

If you read the EAD extension requirements carefully (as Merrytooth has provided the link), there is an additional requirement that "the Category on your current EAD matches the “Class Requested” listed on this Notice of Action", which means the two EADs must be of the same class (based on same category).  The only exception is if your wife has a temporary protection status, which I don't think she does because you said she is an asylee.

11 minutes ago, Merrytooth said:

You should also file EAD at least 90 days before it expires.

 

If you do not get your EAD renewal approved in time, when your current card expires you no longer have to stop working.

 

USCIS automatically extends the EAD for up to 180 days for properly filed EAD renewal before current  EAD expired

 

https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

Depends on what kind of renewal.  For EAD from OPT to c9, it is classified as a renewal but since they are different basis for EAD, the 180 days extension does not apply. The 180 days extension only applies to renewal of same type of EADs. So when it expires, you can't work till the new one comes in.  Which is where I'm at now...

8 minutes ago, Iamkat said:

Glad your husband ead’s almost ready!! How long it took since the “production notification” to have his ead card? And let me ask something else, now he will have a social security number? And can he get a drivers license? 

Yes and Yes.

I got my "production notification" last Friday and I'm still waiting on my card to arrive.  So I'm interested in finding this out as well.

5 minutes ago, Iamkat said:

Hey but as I read on uscis the 90 days period no longer exists, so it can take longer 

Yeah.  But apparently they still use the 90-days as a guideline for "normal processing time" when you request expedition and when they are willing to take action to assist you.  The first time I requested assistance from the Ombudsman Office, they email back to say my case is not yet over the 90 day normal processing time, so they won't help.

I was in a very similar situation.  EAD expired in Aug but did not receive EAD in production update till Sept, which is over 120 days of processing time.  I spoke with an immigration attorney about my concerns. In short, if both her GC and AOS EAD are processing when her current OPT EAD expires, she cannot work (i.e., be legally employed by a US employer). But she is legally allowed to remain in the US because her GC and AOS are in process and she is the spouse of the U.S. citizen.

I did not file a USCIS expedition request because I didn't think halting/losing my current job was an emergency that would qualify under the expedition requirements.  My husband is able to support our family.  But there is probably no harm trying.  That said, any other service requests will most likely render you the standard response of "Your case is within the normal processing time [of 90 days]."

If your case goes beyond the 90 days, there are other actions you can take to hopefully speed up the process. But otherwise, it is a lot of waiting.

Good luck!

21 hours ago, RJandHamid said:

Unfortunately there is nothing more you can do at this point other than to keep waiting. EAD processing times are currently anywhere from 3-5 months now, so you should be receiving it soon. Hopefully the service request that you put in will help speed things up. 

This is not true. Since your case is passed the normal processing period of 90 days, Lamkat, you can try seeking case assistance from the USCIS Ombudsman Office. Their website is https://www.dhs.gov/case-assistance. Fill in the electronic application form.  Then when you receive their confirmation email, you can reply with evidence and your request for expedition.  This is way more efficient than going through USCIS service requests. That's what I did after waiting for my EAD for over 120 days. One week after the assistance request, I finally got the card in production update last week

I hope this helps!  Good luck!

I just remembered another possibility.  Go over all your forms and documents, it might be that somewhere in there you checked a box or filled in something that suggests you have been or are required to have been in the US for at least one year.

I'm saying this because when we filed our applications, I misunderstood part of the form i865 and filled in information, which required me to produce financial information that was unnessary based on my hubby's income.  So we resubmitted that application form checking and filling in the right boxes. As a result, I did not need to provide the requested financial documents but they still accepted my application.

Hope this helps!

By chance, is your husband Cuban? Or did you apply for AOS under the Cuban Adjustment Act?

See attached screen capture of part of the filing instructions. Looking through the instructions, it seems like if you are applying under the CAA, there is an additional requirement of 1-year physical presence.

Otherwise, perhaps you can go ahead and provide the evidence and ignore this one. Sometimes immigrations do make silly mistakes. I got a RFIE myself and they asked for documents I've already submitted and documents that weren't available to us, so we just sent in what we had, as well as additional employment documents for my hubby. That worked.

However, I would also recommend that you speak to an immigration attorney and see what documents s/he recommends you to provide to avoid another RFE.

Good luck!

Hi Asprila,

First thing to note is that because you have received a RFE, your application date is reset to  Aug 8, the date USCIS received your RFE.  which means your application is in process for only a little over a month. As such, USCIS and mosg resources will often use the excuse that your application is within normal processing time.  

I have never tried the expedition process with USCIS, hopefully it works for you.  If it doesn't turn out, however, I'd suggest you try filing an assitance request with the USCIS ombudsman office and email then an expedition request to see if they are willing to speed up things for you. Their website is https://www.dhs.gov/case-assistance. Fill in and submit the electronic application form, then email them requesting expedition with supporting documents.  You cam call them from time to time for case update.  They have a direct line, so no push button vm.

Good luck!

Best,

J

4 minutes ago, EMBELL_17 said:

Yes, have you sent in your renewal yet? You should probably send it now to guarantee it is processed in time. (learning from my own mistakes haha)

I did, after speaking with an immigration attorney.  I filed my renewal on 3/21/2017.

Sorry, I realized what you were saying after I made the last reply and went back to edit it.

Have you tried consulting another immigration attorney?

Good point.  I'm in a similar situation, from F-1 OPT to (c)(9) AOS but my OPT EAD expires mid August.

Maybe you should consult another attorney?

READ your NOA for the I-765 application.

If you read it carefully, you should see within the bottom paragraph of the page, last two bullet points, it states "IF your do not receive your renewal EAD before your current EAD expires, THEN  this NOA automatically extends the validity of your EAD for up to 180 days from the expiration date printed on the face of the card..."

So you have up to 180 days after 6/27/2017 (your EAD's expiry date) to receive your new EAD.