V5712

We got an RFE for the same thing (worded slightly different). My husband got the first dose of the Hep B 2-dose series today but might not have time to complete 2nd dose before RFE deadline. The letter says they need the response by the given date to make a final decision on the case. If he doesn’t show proof of completed series will the AOS application be denied? Or does he only need proof of 1st dose for AOS approval?

On 6/6/2022 at 3:49 PM, Nep said:

No problem! I don’t know how the civil surgeons get notified about any change that happens but wish all of them would be updated. My doctor was totally unaware on May 23rd when we signed the form, she just got to know until the last time after I told her. If doctors are still unaware then many will get RFE because of this.

Hi - we submitted our AOS from K1 in June this year. Medical was done abroad but needed to complete some remaining vaccines, so we saw a civil surgeon to do the rest. Everything was done except Hep B as civil surgeon apparently wasn’t aware of the change. The issue now is that we must respond to the RFE by 12/6, but Hep B vaccine requires 4 weeks between doses (for the 2 dose series). Husband got the first dose today (11/7). Does the 2nd (last) dose have to be completed (and included in RFE response) for his green card to be approved? 
 

The RFE states: “You must provide the following information in order for us to make a final decision on your case. Submit a completed Form I-693. The Form I-693, Report of Medical Examination and Vaccination Record, that you submitted is incomplete. We need additional medical information to complete your case. The civil surgeon indicated "Not Age Appropriate" for the Hepatitis B vaccination. According to the Centers for Disease Control Prevention (CDC), Hepatitis B vaccine is required up through 59 years of age. Since you are within the age range, you are required to have received the Hepatitis B vaccination.”

10 hours ago, V5712 said:

I haven’t had any updates since 7/20 (EAD approval and 485 went to active review). I did see a May filer just had their 485 approved without an interview. Hoping we see more of that or see interviews start getting scheduled. 

Well, just got an update in the tracker app today that an RFE was sent. I really wonder what it could be for because we included everything… ugh.

21 minutes ago, Camicamira said:

I wanted to ask you if there is any update on your cases?

I haven’t had any updates since 7/20 (EAD approval and 485 went to active review). I did see a May filer just had their 485 approved without an interview. Hoping we see more of that or see interviews start getting scheduled. 

Update: I ended up receiving the offer. Apparently they asked about visa category just to confirm I truly didn’t need sponsorship. I guess still illegal but hey. 

16 hours ago, Dashinka said:

For question 1 it should be No.

 

For question 2 EAD’s from a K1 is not any riskier than from any other visa or AOS route.

 

For question 3, that is up to them.  Did you provide a copy of your AOS NOA to show you are in process of getting your GC.

 

Good Luck!

Thank you! I did not provide any documentation and was not asked to do so yet. I was only asked what my visa category is. Then the recruiter said they need to talk to legal and get back to me 🫤. 

Thanks for the information @Mike E! This is very helpful. I’m expecting an update tomorrow so I’ll see how it goes, but now I know to be more careful with how I answer questions.

Background: I recently received my EAD and SSN after applying for AOS from K1. My EAD is valid for 2 years and can be renewed. AOS is in progress and could be another 1-2 years before getting my conditional green card.

I applied for a position with a Fortune 5 company, and marked that I’m legally authorized to work and do NOT need sponsorship (I’m only mentioning Fortune status because I believe top companies should be well versed in immigration legal stuff). 

During my interview, the hiring manager said he liked me and will asked the recruiter to close the position and make an offer. The position was removed from online an hour after the interview and the recruiter called with the verbal offer. However, she said she needs to know what visa I came in on so she can confirm with the legal team that the offer can be officially extended. I told her K1 and she said she wasn’t familiar with it, but that she will let legal know and also tell them I have the EAD through marriage based AOS. But it was implied they are not willing to sponsor now or in the future (and she noted the EAD has an expiration date). 

Question 1: 

On job applications they ask, “Are you legally authorized to work?”. Then they ask a SECOND question, “Will you now or in the future require sponsorship?” —Based on my current status (pending K1 based AOS), what should my answer have been for the SECOND question? 

Question 2:

I’m confident either my green card will be approved before EAD expires, or my EAD will be renewed without issue, so I don’t believe I will require sponsorship in the future. But how do corporate employers see this (are K1 EADs a risk)?

Question 3: 

Is it likely they will decide to no longer extend the offer because I’m K1 EAD and don’t have a green card yet?

(I couldn’t find a previous thread that clearly answered my above questions, so sorry if this was already answered somewhere. I do believe this will help me and others with managing employment expectations).

7 hours ago, Camicamira said:

Hi!! I am glad are going fast for you. Can you share from where are you filing and which is the office processing your case? Thank you and Congratulations!

Thank you! Filing from Maryland. Not exactly sure which office but our EAD and AP notices say National Benefits Center. 

25 minutes ago, EatBulaga said:

Just an update.

Still no biometrics mail or Online Access Code mail.

But I did request another Online Access Code mail, but have not received it.

https://www.visajourney.com/forums/topic/786775-july-2022-aos-filers/?tab=comments#comment-10709792

 

I'm thinking that the K1 filers are not supposed to get the Online Access Code mail as this post suggests? Is that correct?

https://www.visajourney.com/forums/topic/723885-dos-case-id/?tab=comments#comment-9934357

 

K1 to AOS filers should receive the Online Access Code. Hopefully they resend it to you soon since you requested another one. You can also try calling them. 

Hi all - We filed I-485, I -765, and I-131 on 6/21 (adjusting from K1).

Biometrics appointment on 7/20, and to our surprise the EAD was approved the same day (I-765 approval letter sent and status changed to “Card is being produced”; I-485 status changed to “case being actively reviewed”).

Hopefully, things start moving faster 

On 6/10/2022 at 12:35 AM, Paulos said:

Anyone? 

Try calling the embassy to confirm if the packet/email was already sent. Also, maybe double check your mail to ensure you didn’t miss it. Honestly, my fiance and I didn’t wait to receive instructions from our embassy (Lagos, Nigeria) even though it says to wait. We filled the DS 160 and scheduled the interview as soon as our case status changed to ready. He then called the embassy to inform them that we completed these steps and they emailed the instructions during that call. Our embassy had no issue with us doing that and other Lagos couples did the same. Not saying it’ll fly at UAE but just sharing what we did. Again, I suggest calling to actually speak with someone instead of email.

When scheduling a k1 interview, do we select immigrant or non-immigrant visa?

On 1/4/2022 at 8:51 PM, Vivi5712 said:

I also got a response with a 45 day timeframe. My NOA1 date is 3/8/2021.

 

"The status of this service request is:

On 12/30/2021, you contacted USCIS concerning your I-129F to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved.

Your case is currently being adjudicated. You should receive a notice of action* within 45 days.

*A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, or Notice of Intent to Deny.

We hope this information is helpful to you."

Just wanted to share an update. I received the “outside of normal processing time” inquiry response on 1/4 and just received my NOA2 approval on 1/18. So exactly 2 weeks turnaround (they gave me a 45 day timeframe).

3 minutes ago, slavaskii said:

Interesting - so you got a response to your inquiry in less than a week? Did your confirmation email from USCIS state any date you could expect a response by? 

Yes, sent the inquiry 12/30 and received the response today. The confirmation did not state when I would hear back by:

"Thank you for your request:
USCIS will review and process the request.
Your request ID number is SR1X"

On 1/3/2022 at 8:11 PM, EatBulaga said:

Hello Everybody, March 5, 2021 NOA1 here.

 

Dec. 19, 2021, I filed the 1st inquiry for "Outside Normal Processing Times", and got back:

"Thank you for your request:
USCIS will review and process the request.
Your request ID number is XXXXXXXXXXXXXXXX"

 

Jan. 3, 2022, I received the inquiry response:

"The status of this service request is:

On 12/19/2021, you or your representative contacted USCIS concerning your I-129F to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved:

We regret we are unable to provide you with a specific completion date at this time.  Your case is currently with an officer for adjudication. You should receive a notice of action* within 45 business days. 

*A notice of action may be in the form of an Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, or Notice of Intent to Deny.

We hope this information is helpful and appreciate your continued patience."

 

So at least they gave me a range of 45 business days for notice of action?

45 business days takes it to Mar. 8, 2022, including MLK Day and President's Day holidays, which will be over 1 year wait for NOA2? Don't know if this helps anyone with expectations?

I also got a response with a 45 day timeframe. My NOA1 date is 3/8/2021.

"The status of this service request is:

On 12/30/2021, you contacted USCIS concerning your I-129F to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved.

Your case is currently being adjudicated. You should receive a notice of action* within 45 days.

*A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, or Notice of Intent to Deny.

We hope this information is helpful to you."

I sent our petition on 3/5 and just received the NOA-1 text on 4/1 with my case number and a receipt date of 3/8. Looks like they’re processing these faster now.