Adjustment of Status- Form I-765 processing time

[cskj]

Hi,

I did a concurrent filing for Adjustment of Status in March 2017. I am an F-1 student, currently working on my OPT. I married a US citizen and filed I-130, I-485, I-765 and I-131. My EAD is set to expire on May 31st, 2017. I don't see any online update in it's case status.
For my I-485, my biometric is done and the case is ready to be interviewed (no RFEs). We haven't received the interview notice yet.

Since the application is approved, do I have basis to continue working even when I have not received the renewal EAD? The current EAD has c(3)(B) category and the renewal EAD is sought under category c(9). According to my research, this conflict keeps me from exercising the 180 automatic extension period. If I have to take some days off to wait for the EAD, it will be detrimental to my job. Can someone tell me what options I have? It's not been 75 days, so I have not put in a request yet. 75 days would be cutting close to the expiration.

Thanks!

[kindrich]

Hi,

I did a concurrent filing for Adjustment of Status in March 2017. I am an F-1 student, currently working on my OPT. I married a US citizen and filed I-130, I-485, I-765 and I-131. My EAD is set to expire on May 31st, 2017. I don't see any online update in it's case status.
For my I-485, my biometric is done and the case is ready to be interviewed (no RFEs). We haven't received the interview notice yet.

Since the application is approved, do I have basis to continue working even when I have not received the renewal EAD? The current EAD has c(3)(B) category and the renewal EAD is sought under category c(9). According to my research, this conflict keeps me from exercising the 180 automatic extension period. If I have to take some days off to wait for the EAD, it will be detrimental to my job. Can someone tell me what options I have? It's not been 75 days, so I have not put in a request yet. 75 days would be cutting close to the expiration.

Thanks!

If you check USCIS processing time, you'll see that the National Benefits Center which issue EAD cards are currently processing applications filed on or before Dec 03, 2016.

Some of the people who filed AOS in January 2017 have received their EAD card: http://www.immihelp.com/forum/showth...5-I765)/page13 so it looks like you're still waiting for at least another month or two before the EAD arrives.

I'm in your exact same situation. My priority date is March 03. I came in for the biometrics on March 27th and haven't heard anything since. I-485 has been stuck in the "Case is Ready to be Scheduled for an Interview" for over a month now. My F-1 STEM OPT expires on May 14th. My employer hires a team of immigration attorneys to provide employees with on-site consultation so I went and asked them about my situation. The attorney emphatically told me that I must stop working after May 14th and wait until the EAD arrive. The receipt of my AOS application only allows me to legally remain in the US -- it doesn't grant any benefit such as working.

Are you eligible for STEM Extension? https://www.uscis.gov/working-united...yment/stem-opt
If yes, you should file for the 24-month STEM OPT extension as soon as possible. If USCIS sends your the receipt notice of your OPT extension application before May 31st, your EAD would automatically be extended by 180 days or until you find out the result of your STEM extension application.

In short, asides from a STEM extension, your only option is to stop working and wait for the EAD to arrive. In fact, if your employer doesn't want to get into trouble, they would make you stop working after May 31st anyway.

[cskj]

If you check USCIS processing time, you'll see that the National Benefits Center which issue EAD cards are currently processing applications filed on or before Dec 03, 2016.

Some of the people who filed AOS in January 2017 have received their EAD card: http://www.immihelp.com/forum/showth...5-I765)/page13 so it looks like you're still waiting for at least another month or two before the EAD arrives.

I'm in your exact same situation. My priority date is March 03. I came in for the biometrics on March 27th and haven't heard anything since. I-485 has been stuck in the "Case is Ready to be Scheduled for an Interview" for over a month now. My F-1 STEM OPT expires on May 14th. My employer hires a team of immigration attorneys to provide employees with on-site consultation so I went and asked them about my situation. The attorney emphatically told me that I must stop working after May 14th and wait until the EAD arrive. The receipt of my AOS application only allows me to legally remain in the US -- it doesn't grant any benefit such as working.

Are you eligible for STEM Extension? https://www.uscis.gov/working-united...yment/stem-opt
If yes, you should file for the 24-month STEM OPT extension as soon as possible. If USCIS sends your the receipt notice of your OPT extension application before May 31st, your EAD would automatically be extended by 180 days or until you find out the result of your STEM extension application.

In short, asides from a STEM extension, your only option is to stop working and wait for the EAD to arrive. In fact, if your employer doesn't want to get into trouble, they would make you stop working after May 31st anyway.

Hey! Thanks for your response. My biometric was done on April 21st. I am not a STEM graduate. Are you also seeking Adjustment of Status, family based GC?
So when you say "stop working" do you need to have some paperwork in place or simply take leave and wait for EAD to arrive to resume work?

Thanks!

[kindrich]

Hey! Thanks for your response. My biometric was done on April 21st. I am not a STEM graduate. Are you also seeking Adjustment of Status, family based GC?
So when you say "stop working" do you need to have some paperwork in place or simply take leave and wait for EAD to arrive to resume work?

Thanks!

Yes I'm married to a US citizen.

USCIS doesn't need any paperwork from you. You simply leave work on May 31st and don't come back to work until your EAD arrives. And absolutely do not leave the US during this unemployed period, including Canada and Mexico.
However, you should check with your employer for their leave-of-absense policy and see if the employer requires any paperwork.

[cskj]

Thanks! Just out of curiosity, when did you send in your application?

[kindrich]

Thanks! Just out of curiosity, when did you send in your application?

My timeline:
02/27/2017: application sent
03/02/2017: application accepted at the Chicago Lockbox
03/03/2017: priority date
03/09/2017: text & email notifications
03/15/2017: paper I-797 receipt notice arrived
03/27/2017: biometrics appointment
03/31/2017: I-485 switched to "Case is Ready to be Scheduled for an Interview," I-130 and I-765 have never changed from "Case is Received" status.

[cskj]

My timeline:
02/27/2017: application sent
03/02/2017: application accepted at the Chicago Lockbox
03/03/2017: priority date
03/09/2017: text & email notifications
03/15/2017: paper I-797 receipt notice arrived
03/27/2017: biometrics appointment
03/31/2017: I-485 switched to "Case is Ready to be Scheduled for an Interview," I-130 and I-765 have never changed from "Case is Received" status.

Alright! All the Best! Do let me know when you receive your EAD. I am not very far behind!

[CompassRogue]

My timeline:
02/27/2017: application sent
03/02/2017: application accepted at the Chicago Lockbox
03/03/2017: priority date
03/09/2017: text & email notifications
03/15/2017: paper I-797 receipt notice arrived
03/27/2017: biometrics appointment
03/31/2017: I-485 switched to "Case is Ready to be Scheduled for an Interview," I-130 and I-765 have never changed from "Case is Received" status.

It's really weird how they update case status. It took less than 30 days from your PD to be switched to "Ready for Interview" one just ONE of your applications? I have a 3/21 PD, did Bios on 4/24, and haven't been updated since. 76 days after our PD, no EAD and no idea when any of this will change. I plan on raising a SR on 6/20 if the status has still not changed.

6/6 Edit: Sounds like someone in the cosmos heard me. We got my husband's EAD printing notice in our email inbox this morning. That was nice to wake up to.

[Freerising]

I-90

Hi folks, does anyone know something about Form I-90? Thanks.

[inadmissible]

Hi folks, does anyone know something about Form I-90? Thanks.

You will get more helpful answers to your questions if you ask a substantive question, and start your own thread unless your question is related to this thread

[akmg22]

Hi! Did you manage to get the I-485 resolved on time?

I'm going to start applying and my OPT ends in January next year, I'm afraid about increasing processing times. And this is a newer post so I'd like to know if you guys resolved anything on time?

My timeline:
02/27/2017: application sent
03/02/2017: application accepted at the Chicago Lockbox
03/03/2017: priority date
03/09/2017: text & email notifications
03/15/2017: paper I-797 receipt notice arrived
03/27/2017: biometrics appointment
03/31/2017: I-485 switched to "Case is Ready to be Scheduled for an Interview," I-130 and I-765 have never changed from "Case is Received" status.