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Immigration
EAD (WorkPermit)
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I-485(AOS)/EAD Denied
Hi everyone,
I would have posted some information related to my case before but now I want to outline my entire experience and see what options are available to me.
I got married to my husband in February this year and moved to the USA to be with him officially in April under the Visa Waiver Program. We submitted the documents for the I-485 to Adjust my status and I-130 petition for alien relative along with the I-131 and EAD through a process called concurrent filing. I had been called in for my biometrics appointment in May and I did that and was waiting to go through the next step.
On June 21st, 2018 I got a notice from the CBP stating that I had ten days left to be in the country as my time under the VWP was coming to an end. We made a call to the USCIS the next day and we were told they would get back to us with some information which they did send via email. The information was a bit confusing as it said that under the VWP I could not adjust status but there was an exception made for immediate relatives of US Citizens, which I would qualify as due to the marriage. However for me to extend my stay legally I would have had to petition the local USCIS Field Office Director to be granted an extension. The available dates for an appointment would have put me past the time that the CBP told me that I had in the country and so we decided that to be on the safe side I should leave the country for a few days and then return, which I did.
Recently, at the start of September I applied for an expedite request on my EAD and on September 8th got a notice via the USCIS app that the expedite request was denied and they have also denied my application to adjust status as well as my EAD application altogether. Yesterday, I received the letter in the mail explaining why this had happened and it states that they denied my applications because I left the country and so according to the USCIS rules I have abandoned my application. I called the USCIS hotline and spoke to a level two officer who told me that the CBP is a different branch of government and they cannot make any ruling on any notice the CBP has issued. He suggested that I make an appointment with the local USCIS office and speak with an officer there. I have made the appointment, the earliest time was 21st September.
Meantime I would like to know what other options I can exercise as this is very upsetting since I thought I was complying with the law due to the notice I received form US Customs and Border Protection. I went online and found a form I-290B which could allow me to file a motion to reopen the case and review the decision but it requires me to quote statutes and precedent from US law which I know nothing about along with giving a statement similar to what I have just written.
Is it better to file the motion or would it be best to go through the process of re-filing the applications for AOS and EAD and waiting all those months for a decision?
Thanks,
John
I would have posted some information related to my case before but now I want to outline my entire experience and see what options are available to me.
I got married to my husband in February this year and moved to the USA to be with him officially in April under the Visa Waiver Program. We submitted the documents for the I-485 to Adjust my status and I-130 petition for alien relative along with the I-131 and EAD through a process called concurrent filing. I had been called in for my biometrics appointment in May and I did that and was waiting to go through the next step.
On June 21st, 2018 I got a notice from the CBP stating that I had ten days left to be in the country as my time under the VWP was coming to an end. We made a call to the USCIS the next day and we were told they would get back to us with some information which they did send via email. The information was a bit confusing as it said that under the VWP I could not adjust status but there was an exception made for immediate relatives of US Citizens, which I would qualify as due to the marriage. However for me to extend my stay legally I would have had to petition the local USCIS Field Office Director to be granted an extension. The available dates for an appointment would have put me past the time that the CBP told me that I had in the country and so we decided that to be on the safe side I should leave the country for a few days and then return, which I did.
Recently, at the start of September I applied for an expedite request on my EAD and on September 8th got a notice via the USCIS app that the expedite request was denied and they have also denied my application to adjust status as well as my EAD application altogether. Yesterday, I received the letter in the mail explaining why this had happened and it states that they denied my applications because I left the country and so according to the USCIS rules I have abandoned my application. I called the USCIS hotline and spoke to a level two officer who told me that the CBP is a different branch of government and they cannot make any ruling on any notice the CBP has issued. He suggested that I make an appointment with the local USCIS office and speak with an officer there. I have made the appointment, the earliest time was 21st September.
Meantime I would like to know what other options I can exercise as this is very upsetting since I thought I was complying with the law due to the notice I received form US Customs and Border Protection. I went online and found a form I-290B which could allow me to file a motion to reopen the case and review the decision but it requires me to quote statutes and precedent from US law which I know nothing about along with giving a statement similar to what I have just written.
Is it better to file the motion or would it be best to go through the process of re-filing the applications for AOS and EAD and waiting all those months for a decision?
Thanks,
John
All Replies (7)
EAD card in hand!
Reading this forum helped me so much so wanted to share our timeline now that the card has finally arrived:
PD: May 21
Bio: June 14
Called to expedite: Aug 31 (reason financial loss - no proof requested)
Card in production: Sept 8
Approval notice received in mail: Sept 13
Card in hand: Sept 14
I think the expedite call is what worked for us. We called a couple times in August and they said they couldn’t expedite. Then one day we got someone who put it through and things moved very quickly from there. Good luck everyone!
PD: May 21
Bio: June 14
Called to expedite: Aug 31 (reason financial loss - no proof requested)
Card in production: Sept 8
Approval notice received in mail: Sept 13
Card in hand: Sept 14
I think the expedite call is what worked for us. We called a couple times in August and they said they couldn’t expedite. Then one day we got someone who put it through and things moved very quickly from there. Good luck everyone!
All Replies (5)
EDA Time duration
Hey I am a June filer, it’s a marriage based green card procedure.. it’s been 3 months now, kindly do advise how long is the current time duration and how long it takes for the interview (marriage) to obtain the green card .
Thanks
Thanks
All Replies (16)
EAD Mailed Status
Hi Folks.
On September 5th: My status changed to card has been mailed.
Today I spoke to a great Tier 2 officer who actually mentioned that the card has been produced and not mailed yet. And he was expecting it to be mailed today or Monday.
Lesson learned. Do not trust the website.
On September 5th: My status changed to card has been mailed.
Today I spoke to a great Tier 2 officer who actually mentioned that the card has been produced and not mailed yet. And he was expecting it to be mailed today or Monday.
Lesson learned. Do not trust the website.
All Replies (3)
EAD card finally in hand!
Okay guys,
Found my card in my mailbox today..estimated delivery date was tomorrow but it came today..I have my SS card and EAD now..I'm heading to the MVA tomorrow to get my learner's permit, thank God! I wish you all the best and thank you for all the support. Much love.
Found my card in my mailbox today..estimated delivery date was tomorrow but it came today..I have my SS card and EAD now..I'm heading to the MVA tomorrow to get my learner's permit, thank God! I wish you all the best and thank you for all the support. Much love.
All Replies (3)
Expedite Question
Hi All,
PD 2/20
Fingerprints completed: 4/8
Case Ready for Interview: 4/16
- No updates since 4/16, case is OPT and I have created a couple of service requests in order to understand why it is taking so long.
I have seen a lot of plp describing that they were able to call USCIS and expedite their case and even talk to different tiers of attendants at the USCIS. So I am wondering what I am doing wrong as when I call they tell me that the case cannot be expedited and there is no other way to obtain more info about my EAD.
Any thoughts?
Thank you in advance!
PD 2/20
Fingerprints completed: 4/8
Case Ready for Interview: 4/16
- No updates since 4/16, case is OPT and I have created a couple of service requests in order to understand why it is taking so long.
I have seen a lot of plp describing that they were able to call USCIS and expedite their case and even talk to different tiers of attendants at the USCIS. So I am wondering what I am doing wrong as when I call they tell me that the case cannot be expedited and there is no other way to obtain more info about my EAD.
Any thoughts?
Thank you in advance!
All Replies (6)
Getting Frustrated!!!
Nov'17 filer here! I just got off the phone with an officer @ USCIS and they finally gave me a reason why my case has been taking sooo **** long. Apparently, there has been an adjucation hold because something came up with the background check. When i asked them how long is it going to be, they said its their choice when to get rid of the hold. I'm getting so frustrated at this point. I already submitted all the RFEs and this is the last thing i need to be dealing with
All Replies (18)
EAD
Hi Everyone!
F1 OPT expired 06/30/18
I filed for I-130, I-485 and I-765 in MAY 2018
5/16/18 We received your Form I-765, Application for Employment Authorization.
5/23/18 Received official receipt in the mail: Notice of action form I-797C
Note: I realized I filed with the wrong category C03B instead of C09. I called USCIS twice and they insured me that it is not an issue.
6/21/18 Fingerprints Appointment
7/2/18 Case Was Updated To Show All Fingerprints Were Taken And Case Is In Process
9/5/18 Called (800) 375-5283 to Expedite my EAD based on financial loss and a job offer
9/6/18 Received an Email: Your recent inquiry (receipt #MSC......)
Type of service requested:
-- Expedite
The status of this service request is:
We received your request to expedite the decision on your application. Your case is currently under review. You will receive a decision or notice of further action shortly.
Also 9/6/18 https://egov.uscis.gov/casestatus
Case History:
On September 6, 2018, your request to have your case expedited, referral number T1B........MSC, was completed.
On September 6, 2018, we sent a response to your request to have your case expedited, referral number T1B........MSC.
On September 6, 2018, your request to have your case expedited, referral number T1B.........MSC, was assigned to an officer for response.
It's been now 7 days and no further update. Called twice - nothing further in the system. They also never asked for evidence. Anyone in a similar experience?
F1 OPT expired 06/30/18
I filed for I-130, I-485 and I-765 in MAY 2018
5/16/18 We received your Form I-765, Application for Employment Authorization.
5/23/18 Received official receipt in the mail: Notice of action form I-797C
Note: I realized I filed with the wrong category C03B instead of C09. I called USCIS twice and they insured me that it is not an issue.
6/21/18 Fingerprints Appointment
7/2/18 Case Was Updated To Show All Fingerprints Were Taken And Case Is In Process
9/5/18 Called (800) 375-5283 to Expedite my EAD based on financial loss and a job offer
9/6/18 Received an Email: Your recent inquiry (receipt #MSC......)
Type of service requested:
-- Expedite
The status of this service request is:
We received your request to expedite the decision on your application. Your case is currently under review. You will receive a decision or notice of further action shortly.
Also 9/6/18 https://egov.uscis.gov/casestatus
Case History:
On September 6, 2018, your request to have your case expedited, referral number T1B........MSC, was completed.
On September 6, 2018, we sent a response to your request to have your case expedited, referral number T1B........MSC.
On September 6, 2018, your request to have your case expedited, referral number T1B.........MSC, was assigned to an officer for response.
It's been now 7 days and no further update. Called twice - nothing further in the system. They also never asked for evidence. Anyone in a similar experience?
All Replies (7)
EAD combo card travel question
Do you still need to apply for a visa to travel internationally for a country that requires it of citizens of your country once you have the EAD combo card, or can you travel anywhere with just the EAD combo card?
All Replies (2)
Got SSN in mail
Hey everyone,
Just want to update..
to my amazement, I got my SSC in the mail today! Highly unexpected..my EAD is estimated to be delivered on Friday too according to USPS tracking. I give God all the glory! What's crazy is the fact that my I-765 still shows "card is being produced as of Sept 7"..but I called today and they said we have your tracking number..I'm so ecstatic right now!!
I pray for timely success for everyone waiting on their case approvals/cards. Stay strong, never lose hope.
Just want to update..
to my amazement, I got my SSC in the mail today! Highly unexpected..my EAD is estimated to be delivered on Friday too according to USPS tracking. I give God all the glory! What's crazy is the fact that my I-765 still shows "card is being produced as of Sept 7"..but I called today and they said we have your tracking number..I'm so ecstatic right now!!
I pray for timely success for everyone waiting on their case approvals/cards. Stay strong, never lose hope.
All Replies (24)
Disclaimer: Please note that the experiences presented are submitted by visitors to our website. Individuals’ experiences may vary, and you should interpret each individual’s experience at your own risk. Do not make a decision solely based on an experience posted here. We do not endorse any individuals’ experiences, and we are not liable or responsible for consequences stemming from your use of the information presented within any individual’s experience.
