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  • EAD expedite requests to the USCIS.

    Hello,
    I am currently in the US and have applied for an Adjustment of Status (AOS) and an EAD based on marriage to a US citizen. I need to expedite my EAD application (its been 70 days to date) due to financial burdens and medical reasons (wife is pregnant and it might be a high risk pregnancy - she is the sole earner right now).
    Based on research and USCIS websites I can request an expedite on my EAD if I am facing financial hardships or for humanitarian/medical reasons. It's been suggested that i have a job offer in hand before I do put in a request to expedite the EAD as approval chances increase exponentially.
    Here's the bind due to the job market and the types of job in my field (I have 8+ years of experience in my field and my potential jobs are at the executive, VP or director levels), all jobs have the following question -
    " Are you authorized to work in the US?" - If I answer No my application is not processed but I cannot legally say Yes.
    Some people have suggested fibbing and saying Yes and then go to USCIS with a job offer to expedite the EAD and hope it all lines up without the potential employer none the wiser.
    OR
    Trying to connect to company recruiters or general recruiters and explaining the situation. I have tried this route - but all my responses have been that no company wants to take the risk as USCIS may deny the expedite and the company ends up wasting time on a candidate.
    Does anybody have any experience or solution for this? Any help or advice in this would be appreciated.
    Thanks


    Status Details

    Nov 7, 2019 - Applications received by National Benefits Center (I-130, I-485, I-765 & I-131)
    Dec 22, 2019 - I-765- Case updated to show Fingerprints were taken
    Jan 10, 2019 - I-485- Case is Ready to be Scheduled for an Interview



  • #2
    Hi, Brownpineapple,

    I DO NOT have any solid advice but I do have some experience to share. My application is very similar to yours and my case was received 11/8/2019. So far, your case seems processed ahead of mine, as mine is still at fingerprints were taken since 12/13/2019.

    I just filed a request for expedite process as my current EAD is expiring on 1/31/2020. I have not received any responds yet, so I can not tell you if it works.
    1. I called USCIS to ask about my EAD, and request expedite process (called 01/13/2020, app updated 01/14/2020, email for supporting document 01/15/2020).
    2. I asked my employer to have a job offer starting 2/1/2020, however, they were not able to do that, since as a federal funded organization, they cannot offer jobs to anyone without work permit. I talked to HR, HR immigration, they pretty much gave me the same answer, no luck of job offer. then... (requested 01/14/2020, answered 01/15/2020)
    3. I asked the HR to draft a working status statement that stating that I have been employed since... and the appointment will be continued if my EAD is extented (received 01/16/2020).
    4. I asked my supervisor write me a letter stating what role I have and what impact would be if I cannot work (received 01/16/2020).
    5. NOT the least, I contacted the congressman's office in my district, stating that I have been living in the district for long time, and I could lose my job and ask for help (contacted 1/14/2020, replied 1/16/2020).

    I started everything on last Monday, and by Friday, I got responds from the congressman's office (privacy release form) and USCIS (supporting documents). I faxed the documents to USCIS. And the congressman's office also asked the documents and referral ID for USCIS.

    I am somehow optimistic about the expedite request, as the agent told me someone would contact me for further document in 5-8 buzday, but they contacted me in 2 days.

    Good luck with everything. I hope my sharing helps, at least some moral support.

    Cheers,

    Comment


    • #3
      brownpineapple and luke, thanks for sharing. I also don't know exactly if they'll grant that expedite, but I'm curious to find out because that's an interesting situation. Please keep us informed of the status and development. Just to chime in, the "humanitarian or hardship" probably applies to the US citizen not the foreigner, correct?
      --Good luck--
      Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

      Comment


      • #4
        Originally posted by PKumar01 View Post
        brownpineapple and luke, thanks for sharing. I also don't know exactly if they'll grant that expedite, but I'm curious to find out because that's an interesting situation. Please keep us informed of the status and development. Just to chime in, the "humanitarian or hardship" probably applies to the US citizen not the foreigner, correct?
        I feel it very vague, however, some previous posts pointed out that "humanitarian reasons" normally referring to some medical conditions or close family's sickness or funeral, etc. The "financial hardship" is normally explained if you have a mortgage or lease that requires monthly payment, and it costs a very big portion of the paycheck. The financial loss to the company is associated with your title in the company. I don't feel any of this apply to my situation very easily. Thank god, my boss states me as a group leader and listed a bunch of investment that has been put onto the project, to make me irreplaceable. Other than that, I cannot comfortably say losing this paycheck will be any big hardship, since I have no leasing or mortgage, only some credit cards to pay off. Last but not the least, everyone deserves an EAD no matter if you have a job pending or not, so convincing USCIS it matters a lot to you is important, getting congressman involved shows how much it matters to you, so it would boost the chance.

        Comment


        • #5
          Update of my case: Expedite Request is denied.

          Its hard to believe that after submitting my request on Friday, USCIS denied it today, and the App has been updated. Assuming they do not work on weekends and MLK, it has only been hours that they decided. I just emailed the congressman's office as I was not sure if they have taken any actions yet. I will update should anything come up.

          Happy working day!

          Comment


          • #6
            Thanks for the update. That's unfortunate that your request was denied after you put the time and effort behind the expedite request. Well, at least they were quick to respond and didn't drag their feet for months.
            --Good luck--
            Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

            Comment


            • #7
              So i am working with different recruiters to get a job offer - a lot of companies are amicable if you explain the situation. I don't have a lot of information yet just a lot of maybes and might be's but hoping for the best.

              Comment


              • #8
                Hi all .. i read silently and got a lot of encouragement and clearity concerning my case however wanted to post this to help encourage anyone who has same pit holes i had .

                my Timeline

                married to a USC

                filed all forms ( I -130,765,485,) P.D Oct/3/2019.

                Usps Undeliverable reciepts and missed biometrics of Nov/25/2019

                reciftied mail delivery and received RFIE for I485 Nov/26/2019

                Replied RFIE and got status of recieved RFIE on Dec
                16/2019

                biometrics rescheduled for Dec/20/2019 and updates fingerprints applied to case

                Dec/26 /2019 case updated to "ready to scheduled for interview - 1485

                Jan/16 /2020 we ordered your new card -EAD 765 No expidicting

                jan17/2020 card approved .. yes came after card ordered

                jan 22/2020 status - " we mailed your card " so i called uscis for my tracking number and they provided it

                jan 23 /2020 status "card picked by post office " then tracking number on the status

                jan24 /2020 post office delivered card and EAD in hand but no ssn yet but trusting God

                Total days 114 days .Praise to God !


                Advice
                Plssssss folks Be encouraged .
                Please commit it to God more than worry!




                Comment


                • #9
                  I think some official documentation helps in expediting the EAD request.. Mine was approved last friday!
                  City: Denver, CO
                  Marriage Based AOS (130,485,765)
                  SC: NBC
                  8/5 PD
                  8/16 Bio Notice
                  9/3 Bio done
                  12/5 SMS for 485 RFIE
                  12/10 Response sent
                  12/17 USCIS began working on your case
                  1/16/20 Expedite I-765
                  1/20 Filed I-131
                  1/31 Expedite approved for I-765
                  2/7 765 card in production
                  2/10 Ready for schedule for interview
                  2/14 EAD card in hand
                  2/19 Interview scheduled for 3/19
                  5/12 AP card received

                  Comment


                  • #10
                    Any updates on your case? Has your case moved forward after the expedite request was approved?

                    Comment


                    • #11
                      Update to my case: EAD Card is being produced

                      After my expedite request was initially denied on 1/21/20, I have to spend another $410 plus $175 for my school to start my STEM OPT, what was I tried to avoid. Successfully filed STEM OPT before EAD expiration, then I continued to work February, and I haven't paid much attention of my case any more.

                      On 1/27/20, my GC interview is scheduled.
                      On 2/7/20, the congressman's office emailed me saying the NBC would review my case. I thought the expedite denial is denial for sure. Anyway, my STEM OPT EAD has been charged on 2/4/20.
                      On 2/14/20, showing my GC EAD is being produced.

                      The sharing over here is to say, if you want to contact the congressman, contact them earlier. They are working(at least for my case), but not as quick as you thought. So if you wanna do expedite request, leave it about 1 month ahead. Hope my torturing suffering happy ending case could be helpful to you guys.

                      As of today, my GC interview is scheduled on next Monday, and my GC EAD probably will come the same time, my STEM OPT EAD is just received.


                      Luke

                      Comment


                      • #12
                        Hello All,

                        Congrats to people whose EAD have been approved.

                        In my case, I could not file my EAD extension before time (which is 6 months before the current one expires.. which I feel is crazy timeline) because my husbands L1 would not get filed by his company as well as my L2 is attached to that extension decision. So after L1 got extended, i travel to India and get back to US to get a valid i-94. Based on that I filed for L2 EAD extension. Case was received on 07-Feb-2020. It went to the Vermont center with a expected time of approval after 6-7 months. I was put on non-paid leave by my company with a risk of loosing my job if EAD does not get approved within 2-3 months. One week after that I made the expedite request through senators office on financial loss of company (has supporting document of letter from manager explaining the loss due to my absence) and humanitarian ground, since I have a sick person to take care of from my salary (supporting documents included all the bills and the letter from doctor with the proof of medical situation). USCIS denied my EAD expedite request.

                        I don't know what to do next... I am so depressed and lost... Please give me some idea what I can do to make it work.. Thanks in advance.

                        Comment

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