NancyLyz

26 minutes ago, From_VN_To_TX said:

Hello All,

My PD is Sept-27 and I just did biometrics this morning. I am currently working under OPT which expires on Nov-20 so I really need to expedite the EAD so I can continue my employment. Can I request an expedite request now or I should wait a couple of days after the biometrics? Please advise.

 

Thanks,

I'd say give it a day and then expedite. It usually takes the biometrics 24 hours to be in the database.

You may need your employer to provide a letter of notice saying if you don't have your new EAD by Nov-20, you will be terminated.

The expedition request may still take more than a month to be completed. Consult with your employer to see if they would like to rehire you if your new EAD arrives after Nov 20.

22 hours ago, patata88 said:

Hi all,

my pd is Jan 2018, my case is ready for interview for almost 4 months. I requested an infopass this month to discuss about my case....do you think i will ever have any update about my case or not from uscis going to infopass appoiment? or do you think will be a waist of time? I've never been to an infopass i don't know what to expect from it. I will appreciate any suggestion about what kind of questions i should ask at this appoiment or your experiences. Thanks !

For tampa Florida, the processing time will be 6.5 months to 17 months, meaning that 50% of the cases should be completed in 6.5 months and 93% of the cases will be completed in 17 months.

Your pd is Jan 2018, more than 6 months away from the case inquiry date. I'd say an infopass won't really help your case to speed up but it never hurts to try.

What you can do is: 1. just wait until further notice; 2. wait until it passes the "receipt date for a case inquiry" and submit a case inquiry/service request; 3. Call customer service and get to a tier-2 officer to make sure no RFE or anything has issued for your case.

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.

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).

5 hours ago, Ycats said:

My apologies for the late response. My husband is working on an F-1 Student Visa - Post Completion OPT EAD card.

I also have gotten a job since this last post and making enough according to the financing support guidelines - Should I send in another i-864 with this update or wait for an RFE? What do you recommend? 

Also, I'm not sure if you would have the answer to this final question but - my husband was offered to go on a business trip to his home country through work, his F-1 status is currently expired and he is only here on an EAD card based status, working full time. He didn't find the need to get the H1B visa because we are currently in process for the marriage visa. Is it possible for him to return if he did decide to take this opportunity to go on a business trip?

 

Thank you so much for your responses! I really appreciate it so much!

I don't know much about i-864 but whoever co-sponsored you will have to continue doing that since you've already filed. If you did not have a co-sponsor and you were not making enough, you should gather all documents and wait for an RFE. Sending additional documents before they send out an RFE may just be a waste of time.

People on OPT can travel abroad. However, leaving the States while AOS is pending (before AP is issued) will abandon the application, meaning that you have to resubmit everything all over again. If you're indeed in need of traveling before AP is issued, get an infopass appointment and see if he can get an emergency AP stamp on his passport. Now if it's not a trip that he must make, I'd suggest you to wait until your combo card arrives. 

4 minutes ago, strangefella said:

I did not get any notification.Called yesterday and they refused to give me any update. Called today and was told it was denied for not being a valid reason. 

Filed under financial loss. I had sent them job offer letter, letter from future boss and a cover letter. 

Hmm that's honestly the 1st time I've seen on the forum that they denied someone's expedition request even if you have the job offer ready.

Do you have any unpaid bills or loans? Any documents you can have to show you have great financial burdens? You can file another expedition request 15 days or so after the previous denial (correct me if I'm wrong).

And Since you only submitted the package on July (and 1 RFIE in Aug), they may not be very motivated to expedite your case (Just my opinion, it may not be true at all).

I'd say wait until the official denial letter or notification. Prepare all your documents and try to expedite again.

Good luck

11 minutes ago, strangefella said:

USCIS denied my EAD expedite request saying it was not a valid reason. I am distraught.  I don't know what I am gonna do. 

Well what was the reason you filed for expedition?

3 minutes ago, eckoin said:

Hey guys, another question.  How long is this EAD valid for?  Is it 12 months?  And if so, since EADs now take up to 8 months, if not more, do you basically submit another I-765 a few months in, just in case this first one expires and there's still no interview?

Well i believe you can only renew your EAD 180 days before it expires. So pretty much a few months after receiving your EAD, you have to send in another I-765 for renewal

On 8/29/2018 at 7:17 AM, Ycats said:

AOS Application

 

07/31/2018 - AOS packet sent via Express mail (1-130, I-485, I-131, I-765) 
08/02/2018 - Delivered to USCIS Chicago (According to USPS)

08/09/2018 - Received Phone and Email Notice that USCIS Received the package

08/13/2018 - NOA1 Hard copies received by mail and checks were cashed

08/17/2018 - Letter with Biometrics Appointment Received (Date 8/28/2018)

08/28/2018 - Walk-in Biometrics Appointment Completed

 

The first question is, this is my current timeline, I was wondering what the next steps would be after the Biometrics exams. I am not positive of what to expect next and would like to be prepared? How should I be prepared for these next steps? So please let me know! Thank you!

Also, I was wondering how long is the wait for the combo card for EAD/Travel Visa? Does it come sooner than the other items I applied for? How long will the combo card last before needing to be renewed again also?

 

Another thing I would like to ask is, I am the unemployed wife and the American citizen, I am currently on the hunt for a job and was wondering if there was a time I should get one before it is too late? I filled out the paperwork so that my husband's (the beneficiary) is the person who is supporting us for now and informed them that I was in the process of finding work. He makes above the amount of money needed and also sent proof that he would still be able to remain at the company after everything is over. I am doing my best in the job hunt and have had a couple of call backs for a second interview, but I was wondering do I have time, or do you think this will affect our application at all since my husband is making enough?

 

 

Let me know what you guys think! I hope everyone's journey is going well!

 

 

After that, it's just waiting.

The combo card (EAD and AP) will come around 4-6 months from your priority date. It's valid for a year and you can renew it 180 days before it expires.

Depending on where you live, your interview may come approximately a few months up to a year and half later (generally).

You can keep collecting evidence of a bona fide marriage (financial/legal/rental documents with both names on, photos, cards from family, etc).

Keep all hard copy receipts from USCIS

For the income part, I'd suggest you get a job soon.

What visa is your husband currently on that allows him to work? H1B? O1? 

12 hours ago, faycher said:

Just wondering, Can we expedite the case before bio appointment ?

I heard someone said its not a okay, but It has been 22days  since my filing date , Ihavent received bio apt letter. I havetwo job interview coming in the following two weeks. 

Thanks 

No, they will not put in an expedition request without biometrics done.

Wait until the biometrics appointment letter arrives and have an early walk-in. To make sure the fingerprints are in the database at the time of your expedition request, wait a day or two before making the call to USCIS.

Note that even after you've put in an expedition request, depending on what field office you're assigned to, the whole process can still take 1-2 months before you get your EAD card.

Best of luck

Just for the record, you can't get an exact timeline for your application. Whoever that's assigned to review your case and to interview you may process things differently at a different speed. That's why the timeline is always an estimate. But if your priority date is earlier than the "receipt date for a case inquiry', you should do something to speed it up.

To understand the processing time, you can refer to the article from USCIS. In the article, the pilot forms are N-400, I-90, I-485, and I-751.

https://www.uscis.gov/news/news-releases/uscis-updates-webpage-share-more-accurate-processing-times

"The updated page displays processing times in a range for each form based on the date USCIS receives it. The low end of the range for pilot forms shows the time it takes to complete 50 percent of cases, and the high end shows the time it takes to complete 93 percent of cases. "

Using the I-485 form processing time in LA as an example.

The time frame 12-25.5 months are estimating that 50% of the applications will be done in a year, and 93% of the applications will be done in 25.5 months.

If you look at the Estimated time range for Employment-based and Family-based applications, you can use the same logic to interpret them. I don't know how USCIS comes up with the 12-25.5 months time frame if both categories have shorter estimated time ranges than that number.  But anyhow that's how we're supposed to read the numbers.

In addition, if you want to find out where your field off may be, use the link below.

https://www.uscis.gov/about-us/find-uscis-office/field-offices

Your priority date will be the time you started your clock unless you receive RFE or RFIE.

2 hours ago, strangefella said:

I faxed the documents  supporting my EAD expedite request to USCIS on last Friday  (09/07).. I did get an okay confirmation  when I faxed them. But I have not seen any update on my case status, nor did I get any email from USCIS. 

 

What should I do ? Fax the documents again ? Call them ? Contact a senator ? 

 

Give them up to 5 full business days before you call them up. Otherwise you'd just be getting the generic answer of you will need to wait.

In addition, they may or may not actually put in updates online for your case. If they do, you'll probably receive an update by the weekend or next Monday. 

With that update, you'll again need to wait for about a week or two to receive updates about approvals and card production (if approved).

14 hours ago, rp36 said:

geowrian,

 

Thank you ,Thank you Damara and Pushbrk..

 

I didn't understand the below --

"The I-130 may post the bigger risk IMO. Until it's been 5 years, as you noted, it's generally prohibited without very compelling evidence that the prior marriage was bona fide. I wouldn't suggest trying to go down that route. Even once a citizen and/or 5 years have passed, I would be surprised if the entire past marriage/divorce timeline was not considered."

 

Can you please explain bit more ..

In short, the gap between two marriages may be too short (hence the LPR 5 year general requirement) for USCIS to recognize both as bona fide marriages, which is up to their own decisions. USCIS may ask for more evidence and scrutinize you more during the interviews (since now almost all green card applications go through interviews).  

I'd say either you take the risk of becoming a citizen first before filing 130 for your current spouse (or k1 if you plan to get married), or you wait until you pass the 5 year mark (preferably well past that) and file for 130 for your current spouse, waiting for the PD to be current. Either route is not going to be a quick one. Good luck with that.

2 hours ago, geowrian said:

O-1 status is what matters, not the visa (although the visa would remain valid as well).

This depends on the ASC. Some accept walk-ins. Some do not. Call ahead if unsure.

Ah that's true. 

On 9/2/2018 at 12:30 PM, rmpking said:

Hello,

 

My husband and I recently got married here in the US three months ago and I am not slightly overwhelmed as I start to deal with the process for my permanent residency. We are hoping to avoid using a lawyer to save costs. 

 

I am Canadian and have been working in the US on an O1 visa (this is my second one and it expired June 2020). I understand I will be filing an adjustment of status. My husband and I currently live together in NY. 

 

I have a few questions... 

 

It is my understanding that once I file I cannot leave the country (or if I do need to there is paperwork involved), yes?

Will I be able to continue working as normal? It seems to me that after filing I'll get a temporary work authorization that will be used instead of my O1

I usually work places other than where my home is. Working in the arts sometimes I have a 6-8 week contract booked at another location in the US. How much notice is usually given before having to report for biometrics and interview?

 

Thanks for reading my post as I get started on this journey... mostly looking for some insights on adjusting status from a non-resident work visa to permanent residency.

 

Thanks in advance for your help!

1. Once you file, until you receive your combo card (Advanced Parole for Traveling especially), don't leave the country. You leaving the country without AP, from USCIS perspective, means you abandon your application. Once you've received your AP, you can travel.

2. You can continue working since your O1 visa won't be invalid just because you filed for aos. 

3. Biometrics and interview notices usually get delivered about 4-8 weeks before the scheduled date. For biometrics you can always walk in early if you have the notice in hand (I walked in mine 2 weeks earlier than the scheduled date). For interview, I don't think it's a wise idea to reschedule since it can take forever to get a new interview date. Based on your local office timeline, you can have a rough idea when the interview dates will be (within a few months range), so you can plan your work ahead of time.

I would say get married first, let her try first finding a place to do H1B transfer.

It's better to have your marriage more than 2 years long at the time of the interview or even the time of filing application.

If that doesn't work, file AOS and then quit the job and move in together. It'd only be 4-5 months for her to get the new EAD and she will be able to work for anyone.

If she can find a place to do H1B transfer, then that'd be perfect for you two.

In 2017 I applied in mid Feb and received late May. Give USCIS full 90-120 days if you are not going to file an expedition.

If you're filing for an expedition, make sure to have your employer and school help you with the evidence.

Good luck

2 minutes ago, Dutchess said:

And on top of that, I just got a notification that my interview was scheduled!! My local office is San Diego 

Congrats！

15 hours ago, Tacomaaroma said:

Good day all. 

I understand I'm reviving my own zombie post, but unfortunately we're still having issues. First, I did follow the advice I got on here and we filed for AoS, which was approved. We had her fingerprinted here in Seattle. My wife received her work permit and permission to travel to my address here in Seattle, a driver's license... everything seemed to be progressing smoothly. Around March, we received  a notice from USCIS that the case had been approved and forwarded to NVC. Fast forward to the middle of June. I get a notice from NVC that I can check the case online and that there was some stuff I needed to do / pay for. 

So I log in, and I see that they have her interview scheduled in ... Moscow. 

I called NVC, I asked to simply switch the interview location to here in Seattle. They said that I need to contact USCIS with the request, and have USCIS forward the request to NVC. So I call USCIS and they said that its out of their hands and I need to ask NVC. A few more phone calls to both agencies and each one is saying it is the other's responsibility. 

 

So yet again, we're at a crossroads. I paid the petitioner fee (I forgot what it is called) through NVC so they know that our case is still active, but I did not pay the visa processing fee yet. 

I do not know what to do. I suppose if we REALLY had to, she could go to her interview in Moscow, but at this point, I don't trust either one of them not to screw something up again.  We're both paranoid that she'll go to Moscow, and there will be some "issue", as there have been issues every. single. step. of the way so far since we initially applied THREE YEARS ago, and that she'll be stuck in Russia unable to return, or that they will find some reason to deny her entry even though she had permission to travel. 

I've tried to make an appointment over the last month at USCIS Seattle but its always "No appointments available at this time".  We had a free consultation with a lawyer who told us to "write a letter" requesting to switch interview locations. 

I think at this point our only option is to hire a full time immigration attorney? Any other suggestions? Please help My wife hasn't seen her family in two years and is growing more and more depressed. This whole thing is a huge weight and burden on our otherwise happy marriage.

Thank you.

1. The trick of getting and InfoPass appointment is to go on the website early morning (7am or something like that). The appointment system only allows you to reserve two weeks ahead. 

2. An attorney, an experienced one can help you to reach out to the Congressman, Senator, and Ombudsman. The attorney can also help you prepare letters to USCIS, call customer service, and process all hassle from then on. The key to this is you need a good one, otherwise hiring an attorney does you no good but more harm.

3. Don't cry over spilled milk. But you probably should have retrieved your original I130 and filed a new AOS package a year ago. Since now your wife has her combo card, I'd say she can definitely visit her family. For the interview, consult with an attorney to see whether she should or should not go.

Good luck.

Stay strong and you will get things sorted out.

5 minutes ago, Jeto said:

I'm just enthusiastic to start a career and earn some money again, all this waiting around is a little painful! The EAD shouldn't expire before the Green Card is issued though?

Just renew it way before your EAD expires (I think you can renew 180 days before it expires), so you can renew your driver's license and I-9 without headaches.

3 hours ago, thepanda said:

I am so glad for you that everything worked out and thank you for keeping us updated. I am sure this topic will help other people as much as it did help me because it was so detailed. 

 

And your last sentence really made me happy. I am a May 2018 filer. So I am hoping that my expedite will go through or that I'll just get my combo card soon. 

Yeah thanks for your support and kind words. I hope you get your EAD soon!

pdate 8/20/2018

I finally received my new Driver's license (almost 7 weeks after I applied in person in DMV). So the DMV representative was correct about the 4-6 weeks of processing time in California even if it has no record showing they're doing the verification.

For now I'm happy with everything and just keep collecting evidence for the interview.

It's been 4.5 months since I've submitted my package.

I honestly don't expect to see any updates on my interview scheduling until next spring.

And I've been reading posts from the April 2018 filers that they're starting to get their Combo card. Hope the journey goes smoother from now on.

Considering you filed in July (let's say end of July), if you're very lucky, you may receive your EAD by the end of November (4 months mark). But since current processing time for I765 at National Benefit Center is 5-7 months (meaning that you should receive your EAD by the end of the year or early next year before Feb), I'd suggest you file for an expedition a month prior to your current EAD expiration date. Your employer can either help you to send out a letter saying you will have to be terminated if your new EAD doesn't arrive before your current one expires. Or if they want to terminate you by the end of your current EAD, you can use the termination letter to file for expedition anyway.

For now you still have to work for your company since they sponsored your H1B. But after your new EAD is approved and arrives, you can work for anybody.

15 minutes ago, QN&CD said:

Yes, I have activate job offer. I did not need a co-sponsor for my application. I don't know which bank account balance would be considered low? 

I can use my checking account, only around 3K

 

I called USCIS one hour ago, she said this email means under review, not denial and i should wait for about 10 days to call back. But I saw many ppl receive this kind of response from USCIS representative and wait for a while, but nothing happens. 

You should receive a mail telling you to fax evidence in 10 business days. If you receive nothing after 10 days, call them back and ask your USC spouse to reach out to your senator or congressman.

58 minutes ago, QN&CD said:

Thanks for letting me know. My service center is National Benefits Center and my field location is San Francisco, CA

 

Could you suggest what could be the good result for financial hardship, besides only my wife working, school tuitions, rental and utility expense. 

I also have medical expense, but it is mostly covered by health insurance.

Do you have a valid job offer? Did you need a co-sponsor for your application? Do you have a low bank account balance?