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EAD rejected and 40 days after resubmission with attorney

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  • EAD rejected and 40 days after resubmission with attorney

    Hi,

    I am in AOS (I-131,I485 NOA dated November 26th). My I-785 got rejected because was improperly filed (2 pages were missing from the form). My attorney said he spoke with USCIS offcer and after that he sent the missing pages to USCIS. Yes, he sent just the missing pages , he has not done a resubmission.
    After 3 weeks waiting and getting nothing, he communicated me he did a resubmission of the case and I should expect a NOA soon. This happened just before Christmas.
    40 days have passed and I have not received anything. My case is still rejected. on Dec 31st I called USCIS to have information : they said they don't have anything new in the system for my case.

    Has anyone been in a similar situation?

    My attorney keeps saying that this is a delay due to USCIS long times of processings, but I hardly believe it's just so. I am considering changing attorney and submitting a new application.
    On the bright side my I-485 and AP are proceeding ok.

  • #2
    I think sending the missing pages is better than resubmit the case and start over. By sending the missing pages your case will continue from the day it stopped at

    Good luck
    F1 OPT to AOS

    9/7/2018 PD
    10/3/2018 Biometric
    10/4/2018 we are processing the fingerprints for your Form I-765
    10/11/2018 Case is Ready to Be Scheduled for An Interview
    3/14/2019 New Card Is Being Produced
    3/15/2019 I-131 Case Was Approved
    3/21/2019 Card was received

    Comment


    • #3
      Originally posted by ArizonaPHX View Post
      I think sending the missing pages is better than resubmit the case and start over. By sending the missing pages your case will continue from the day it stopped at

      Good luck
      It doesn't make any difference because the case was rejected, this is not an RFE.
      AOS C9, Houston TX

      PD: 08/01
      Fingerprinted: 08/17
      RFIE sent: 11/07
      Responsed to RFIE received: 12/04
      Request for expedition on I765: 12/07
      Evidence faxed: 12/10

      Comment


      • #4
        The case was rejected which mean is either they send back the paper work to you are they just put it as but I do think sending the missing pages will result in them going ahead to find the one they already have so I would file the entire form. Just my opinion
        May 02, 18 - File all forms together
        May 02, 18 - Finger print fees received
        May 06, 18 - I-765 Return for missing signature and was mail back out same day
        May 11, 18 - I-765 Received
        May 18, 18 - RFIE
        May 29, 18 - Both finger print done
        June 5, 18 - RFIE Received
        Sep 21, 18 - Case Is Ready To Be Scheduled For An Interview
        Sep 21, 18 - Interview Was Scheduled
        Oct 31, 18 - Interview complete
        Jan 18, 19 - EAD New Card Is Being Produced
        Jan 25, 19 - EAD Received in hand

        Comment


        • #5
          Originally posted by huyhoangvn View Post
          It doesn't make any difference because the case was rejected, this is not an RFE.
          Sorry to hear that, its better to check with your lawyer
          F1 OPT to AOS

          9/7/2018 PD
          10/3/2018 Biometric
          10/4/2018 we are processing the fingerprints for your Form I-765
          10/11/2018 Case is Ready to Be Scheduled for An Interview
          3/14/2019 New Card Is Being Produced
          3/15/2019 I-131 Case Was Approved
          3/21/2019 Card was received

          Comment


          • #6
            Update:

            I submitted a new case with a different attorney.

            The previous attorney keeps saying he did submit the case again, but that's not what USCIS reported to me. He also did not look to care too much about what the consequences of his mistakes were.
            I lost 55 days for a process that is 'per se' taking between 4 and 6 months. I am going to be without job for almost at least 6 months, most probably longer. You can imagine how I am feeling.

            I know we are all in the same situation, but for new applicants, take my experience has an advice to choose carefully your attorney, and to keep yourself informed independently of what your attorney is communicating you. Many of these professionals don't really care about the impact of the process on your life.
            I appreciate the contribute of everybody in this forum, it has been more helpful than my attorney.

            Best of luck

            Comment

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