GC EAD/AP timeline

[ramcb]

Hello Experts,

I applied concurrently my i140/i485/765/131 in Oct '21. (SRC)
My work visa is maxing out next month (Feb '22) and I haven't yet received any updates on my EAD.

Biometrics was completed on the 13th Dec '21. I am worried as I'm the primary applicant and only earner in the family.
I tried to expedite but it was denied.

1. Can I expect any EAD approval in another month?
2. What supporting documents should I show to USCIS to prove my emergency, if I request to expedite again?

Thanks in advance

Regards
Ram

[shiva_82]

Hello Experts,

I applied concurrently my i140/i485/765/131 in Oct '21. (SRC)
My work visa is maxing out next month (Feb '22) and I haven't yet received any updates on my EAD.

Biometrics was completed on the 13th Dec '21. I am worried as I'm the primary applicant and only earner in the family.
I tried to expedite but it was denied.

1. Can I expect any EAD approval in another month?
2. What supporting documents should I show to USCIS to prove my emergency, if I request to expedite again?

Thanks in advance

Regards
Ram

Hi - I don't understand why you won't be able to work unless you are on a L visa. Can you confirm if that is the case? If you are in H1B, you could premium process your I140 and then apply for your H1B extension based on your I140.

Further if there is a way to continue in your current work status, I don't believe your expedite request might be approved. But considering its been a month since your biometrics was done, you would most likely get your combo card in another 6-8 weeks.

This is not legal advise but I'm just sharing my knowledge based on my know how

[ramcb]

Hi shiva_82
Thank you for the reply. I applied for an EB1C, so premium processing was not possible.
I had submitted all supporting documents to USCIS to prove that I'll be out of work if EAD is not approved on time, but they still denied the request.

Hope I'll get the combo card in another few weeks like you said

[Dana985]

Hello Experts,

I applied concurrently my i140/i485/765/131 in Oct '21. (SRC)
My work visa is maxing out next month (Feb '22) and I haven't yet received any updates on my EAD.

Biometrics was completed on the 13th Dec '21. I am worried as I'm the primary applicant and only earner in the family.
I tried to expedite but it was denied.

1. Can I expect any EAD approval in another month?
2. What supporting documents should I show to USCIS to prove my emergency, if I request to expedite again?

Thanks in advance

Regards
Ram

I'm so sorry that you are going through that. I'm assuming that you applied in late October. Since you already tried to expedite by yourself or with lawyer (and your date is for sure out of processing time, the date for inquiry is late December 2020), you should try to expedite with the congressman and ombudsman. You have to be persistent show a financial loss. Texas is worst with an expedite, high percent denial, but you have to be continued. I've been waiting since Dec 2020, and they also denied my expedite (last October), so I had to renew my O1 visa. Anyway, with Congressman you have a higher chance to get EAD on time. Good luck!

[shiva_82]

Hi shiva_82
Thank you for the reply. I applied for an EB1C, so premium processing was not possible.
I had submitted all supporting documents to USCIS to prove that I'll be out of work if EAD is not approved on time, but they still denied the request.

Hope I'll get the combo card in another few weeks like you said

They would quote that you should have applied earlier knowing you will be out of work status after a certain date so the likelihood to getting your expedite request approved is very low. Try to raise a request through your local congressman. Be sure to provide them all necessary evidence from your end so they can take it forward for you.

Even if you get your EAD/AP after you leave the country, your AP might be invalid as you received it AFTER you left the country so you might not be able to return using that mostly. Also, it would be sent to your current US address where you won't be there to receive it as well.

There might be another option as well to continue in US until you get your EAD/AP but check this with your attorney as I am not providing a legal advice nor in that capacity. You could continue to be in US based on your pending 485 but just can't work. In the worst case, you might have to live on your savings for a month or two until you get your EAD but it might be worth it instead of having to leave the country and not being able to return.

Good luck!