I-485, I-765 and I-131 application issues

[MattWare00]

Hi there,
Would just like to ask you a very quick question if that is ok. I entered the USA on my tourist B2 visa from Mexico and as my husband already had a accepted I-140 based on alien of extraordinary ability, we got married and filed for adjustment of status together along with I-765 and I-131 and the application was received by USCIS on June 9th 2017. We had Biometrics taken on July 5th but nothing has progressed since. My husband’s J-1 visa expires December 30th 2017. My husband placed a service request to USCIS on 18th September 2017 because the 90 day expected deadline for USCIS to process our I-765 had passed. It was answered by the Texas Service Center in the form of a letter received by us on 2nd October 2017. The letter read

“ We have received your service request and researched the status of your case. We have had to perform additional review and this has caused a delay in processing time. Your case is currently with an adjudicating officer. You should receive a decision or notice of further action within 60 days"


What does “Additional review" mean? I would appreciate some advice from you as to what we should do? We are both stressed about the situation, there are no appointment on info pass service and no-one from USCIS will give us any information. As a side note, my husband’s employer Baylor College of Medicine are keen to not have any disruption in his position at the college and has offered to file a H-1B with premium processing so no breaks will occur. Should we do this and will the H1B application affect the green card application? Also, will I, as his spouse be able to work on the H4, I know that some people are allowed to apply for EAD.

Thanks so much

[newacct]

EADs are really slow these days. 4 months or so is normal. Changing to H1b status won't affect his AOS. You could get an EAD based on H4 since your spouse has an approved petition, but there's no point to pay the expensive fee for that and wait a few more months as you already have an EAD for free (based on AOS) that's going to come soon.

[azblk]

EADs are really slow these days. 4 months or so is normal. Changing to H1b status won't affect his AOS. You could get an EAD based on H4 since your spouse has an approved petition, but there's no point to pay the expensive fee for that and wait a few more months as you already have an EAD for free (based on AOS) that's going to come soon.

my thinking exactly. Also they can request to expedite EAD based on job interruption/financial loss.