Expedite request on I-485, EAD going to expire on less than 3 weeks!

[Sami Rueda-Pippin]

Hello,

Minneapolis Filling. No lawyer, self filling with husband (citizen) this is my timeline: sorry if threat is long, I"m running out of ideas...

12.21.16: Received form I-485, I-131, I-130, I-765
01.04.17: accepted finger print fee
02.03.17: biometrics appointment
02.08.17: ready to schedule your interview
03.30.17: mailed EAD card
09.16.17: we are ready to schedule interview again (after submitted a change of address)

On December 2017 I started to get anxious without any news on an interview and called the USCIS customer service to inquiry about EAD and Medical exams. they advised me to wait, I specifically asked (2) questions: DO I need to retake my Medical Exams I-693 and Do I need to appply for a new EAD as i was just in the 90 day window to receive a new one. The lady (wish I would have wrote down her ID number) told me, you need to wait for your interview, if it comes to 30 days before your expiration day on your EAD you can request an expedite due to financial loss. And No, ypu do not need to retake your exams prior to your interview, just wait for your interview as the officer might not ask you for them.

waiting continues...

finally: Interview schedules for 02.06.18: YAY!!!

we go to the interview, it went pretty well, didn ask for anything weird, only personal question was: Can you both describe you relationship and how it began?" we mutually answered together.
She then said my medical exams are expired since its been more that 12 months since I took them. we need to wait for a RFI letter to send the new medical exams, my husband had also started a new job and didn't have any new paystubs yet, they will ask for paystubs to submitt as well.

We asked if I needed to apply for another EAD as mine was going to expire in a month and a half (3.22.18) in addition to my driver licence. She said there is No point as that takes 90 days to be processed. she advised to retake my exams as soon as possible and have them ready to send once we received the RFI or drop them in their office, that everything went good in the interview. A week and a half later, we received the RFI and next day I personally went and drop all paperwork (which at this point i believe it might not even be a good idea as your dont get a proff that they have received as if you mail them and get a signature or something)

last friday 02.23.18 I called USCIS as I am starting to get anxious because I don't want to lose my job/ stop working. the guy who was extremely condescending said I would have needed to apply for a new EAD 120 prior to the expiration of my card, I explained to him why I didn't (as i was told not to) and he said, sorry for the miscommunication, in summary: you need to send a I-765 as soon as possible, i hope i was able to help, do you have any other questions? UGH! me trying to be patient understandin this conversation was going nowhere... said no thats it, thanks!

Starting googling and came across the EXPEDITE REQUEST

Monday: had my paperwork ready to be sent for I-765, but still had to send to nebraska, called USCIS to request an expedite request. they took and ask everything and I told my story again, I asked if I could send something, or what might i need? or if I should still submitte the I-765. She said I shuldnt and just wait for the expedited officer to let me know if they would or would not expedite my green card. not 5 days later, i get an email staying that i need to submit proof of the financial loss. What proof do they need? no information whatsoever, I am not freaking out, send our mortgage, car loans? bills? i read in another forum to submit a letter from my employeer that my employment was going to be terminated if i dint get a green card approval? we have only 1 HR who is out until tuesday! my boss will talk to the owner and the labor lawyers they use as they don't want to lose me not even for a bit 9 company is project based and i am working on many projects that i cant just hang out to someone)

Should I send my I-765 application? with the request for expedite the green card? write a letter that says, expedite the green card or EAD, whatever is faster and easier for them? what if i sent I-765 and that cancels my expedite request over my I-485? and need to request another expedite (which will take an extra couple of days)

Anyone had similar situations, what do you advice me to do? I really dont want to stop working but not sure what else can I do that wont affect the process thats already happening on their background?

I dont want to call USCIS again as every time they say something different and feel they dont even know their process

[newacct]

Hello,

Minneapolis Filling. No lawyer, self filling with husband (citizen) this is my timeline: sorry if threat is long, I"m running out of ideas...

12.21.16: Received form I-485, I-131, I-130, I-765
01.04.17: accepted finger print fee
02.03.17: biometrics appointment
02.08.17: ready to schedule your interview
03.30.17: mailed EAD card
09.16.17: we are ready to schedule interview again (after submitted a change of address)

On December 2017 I started to get anxious without any news on an interview and called the USCIS customer service to inquiry about EAD and Medical exams. they advised me to wait, I specifically asked (2) questions: DO I need to retake my Medical Exams I-693 and Do I need to appply for a new EAD as i was just in the 90 day window to receive a new one. The lady (wish I would have wrote down her ID number) told me, you need to wait for your interview, if it comes to 30 days before your expiration day on your EAD you can request an expedite due to financial loss. And No, ypu do not need to retake your exams prior to your interview, just wait for your interview as the officer might not ask you for them.

waiting continues...

finally: Interview schedules for 02.06.18: YAY!!!

we go to the interview, it went pretty well, didn ask for anything weird, only personal question was: Can you both describe you relationship and how it began?" we mutually answered together.
She then said my medical exams are expired since its been more that 12 months since I took them. we need to wait for a RFI letter to send the new medical exams, my husband had also started a new job and didn't have any new paystubs yet, they will ask for paystubs to submitt as well.

We asked if I needed to apply for another EAD as mine was going to expire in a month and a half (3.22.18) in addition to my driver licence. She said there is No point as that takes 90 days to be processed. she advised to retake my exams as soon as possible and have them ready to send once we received the RFI or drop them in their office, that everything went good in the interview. A week and a half later, we received the RFI and next day I personally went and drop all paperwork (which at this point i believe it might not even be a good idea as your dont get a proff that they have received as if you mail them and get a signature or something)

last friday 02.23.18 I called USCIS as I am starting to get anxious because I don't want to lose my job/ stop working. the guy who was extremely condescending said I would have needed to apply for a new EAD 120 prior to the expiration of my card, I explained to him why I didn't (as i was told not to) and he said, sorry for the miscommunication, in summary: you need to send a I-765 as soon as possible, i hope i was able to help, do you have any other questions? UGH! me trying to be patient understandin this conversation was going nowhere... said no thats it, thanks!

Starting googling and came across the EXPEDITE REQUEST

Monday: had my paperwork ready to be sent for I-765, but still had to send to nebraska, called USCIS to request an expedite request. they took and ask everything and I told my story again, I asked if I could send something, or what might i need? or if I should still submitte the I-765. She said I shuldnt and just wait for the expedited officer to let me know if they would or would not expedite my green card. not 5 days later, i get an email staying that i need to submit proof of the financial loss. What proof do they need? no information whatsoever, I am not freaking out, send our mortgage, car loans? bills? i read in another forum to submit a letter from my employeer that my employment was going to be terminated if i dint get a green card approval? we have only 1 HR who is out until tuesday! my boss will talk to the owner and the labor lawyers they use as they don't want to lose me not even for a bit 9 company is project based and i am working on many projects that i cant just hang out to someone)

Should I send my I-765 application? with the request for expedite the green card? write a letter that says, expedite the green card or EAD, whatever is faster and easier for them? what if i sent I-765 and that cancels my expedite request over my I-485? and need to request another expedite (which will take an extra couple of days)

Anyone had similar situations, what do you advice me to do? I really dont want to stop working but not sure what else can I do that wont affect the process thats already happening on their background?

I dont want to call USCIS again as every time they say something different and feel they dont even know their process

They generally do not expedite I-485 because there is no need -- you can already stay in the US for as long as I-485 is pending.

Yes, you can and should send I-765 to renew your EAD (as well as I-131 to renew your AP). They are free for I-485 applicants, so there is no reason not to. And you could have applied to renew your EAD up to 180 days before it expired, so I am not sure why you are hesitant to apply.

In any case, assuming your current EAD is a category C9 EAD you got as a pending I-485 applicant, as long as your I-765 to renew is filed (received by USCIS) before your current EAD expires, your employment authorization is automatically extended for 180 days from when your current EAD expires, and the I-765 receipt you receive will be proof of this, so you should be able to continue working with no problems even if the EAD application takes 5-6 months to process (which is what many are reporting it is taking these days). So file now. It is free and it is not too late, and you will be able to work without interruption.

[UScitizenFilingforspouse]

Hello,

Minneapolis Filling. No lawyer, self filling with husband (citizen) this is my timeline: sorry if threat is long, I"m running out of ideas...

12.21.16: Received form I-485, I-131, I-130, I-765
01.04.17: accepted finger print fee
02.03.17: biometrics appointment
02.08.17: ready to schedule your interview
03.30.17: mailed EAD card
09.16.17: we are ready to schedule interview again (after submitted a change of address)

On December 2017 I started to get anxious without any news on an interview and called the USCIS customer service to inquiry about EAD and Medical exams. they advised me to wait, I specifically asked (2) questions: DO I need to retake my Medical Exams I-693 and Do I need to appply for a new EAD as i was just in the 90 day window to receive a new one. The lady (wish I would have wrote down her ID number) told me, you need to wait for your interview, if it comes to 30 days before your expiration day on your EAD you can request an expedite due to financial loss. And No, ypu do not need to retake your exams prior to your interview, just wait for your interview as the officer might not ask you for them.

waiting continues...

finally: Interview schedules for 02.06.18: YAY!!!

we go to the interview, it went pretty well, didn ask for anything weird, only personal question was: Can you both describe you relationship and how it began?" we mutually answered together.
She then said my medical exams are expired since its been more that 12 months since I took them. we need to wait for a RFI letter to send the new medical exams, my husband had also started a new job and didn't have any new paystubs yet, they will ask for paystubs to submitt as well.

We asked if I needed to apply for another EAD as mine was going to expire in a month and a half (3.22.18) in addition to my driver licence. She said there is No point as that takes 90 days to be processed. she advised to retake my exams as soon as possible and have them ready to send once we received the RFI or drop them in their office, that everything went good in the interview. A week and a half later, we received the RFI and next day I personally went and drop all paperwork (which at this point i believe it might not even be a good idea as your dont get a proff that they have received as if you mail them and get a signature or something)

last friday 02.23.18 I called USCIS as I am starting to get anxious because I don't want to lose my job/ stop working. the guy who was extremely condescending said I would have needed to apply for a new EAD 120 prior to the expiration of my card, I explained to him why I didn't (as i was told not to) and he said, sorry for the miscommunication, in summary: you need to send a I-765 as soon as possible, i hope i was able to help, do you have any other questions? UGH! me trying to be patient understandin this conversation was going nowhere... said no thats it, thanks!

Starting googling and came across the EXPEDITE REQUEST

Monday: had my paperwork ready to be sent for I-765, but still had to send to nebraska, called USCIS to request an expedite request. they took and ask everything and I told my story again, I asked if I could send something, or what might i need? or if I should still submitte the I-765. She said I shuldnt and just wait for the expedited officer to let me know if they would or would not expedite my green card. not 5 days later, i get an email staying that i need to submit proof of the financial loss. What proof do they need? no information whatsoever, I am not freaking out, send our mortgage, car loans? bills? i read in another forum to submit a letter from my employeer that my employment was going to be terminated if i dint get a green card approval? we have only 1 HR who is out until tuesday! my boss will talk to the owner and the labor lawyers they use as they don't want to lose me not even for a bit 9 company is project based and i am working on many projects that i cant just hang out to someone)

Should I send my I-765 application? with the request for expedite the green card? write a letter that says, expedite the green card or EAD, whatever is faster and easier for them? what if i sent I-765 and that cancels my expedite request over my I-485? and need to request another expedite (which will take an extra couple of days)

Anyone had similar situations, what do you advice me to do? I really dont want to stop working but not sure what else can I do that wont affect the process thats already happening on their background?

I dont want to call USCIS again as every time they say something different and feel they dont even know their process

I would contact your Congress person, as well. The Minneapolis field office really needs to get their act together. Of course, renew your EAD but contact your congress person. Everyone reports they're very helpful. While reaching to them does not officially expedite the process, it does cause someone to physically retrieve your file and ask whoever has it "what's the status of this? Congress person Jane Doe, is asking". Typically, that does the trick.

Are you close to your 2 year marriage anniversary?

[Sami Rueda-Pippin]

They generally do not expedite I-485 because there is no need -- you can already stay in the US for as long as I-485 is pending.

Yes, you can and should send I-765 to renew your EAD (as well as I-131 to renew your AP). They are free for I-485 applicants, so there is no reason not to. And you could have applied to renew your EAD up to 180 days before it expired, so I am not sure why you are hesitant to apply.

In any case, assuming your current EAD is a category C9 EAD you got as a pending I-485 applicant, as long as your I-765 to renew is filed (received by USCIS) before your current EAD expires, your employment authorization is automatically extended for 180 days from when your current EAD expires, and the I-765 receipt you receive will be proof of this, so you should be able to continue working with no problems even if the EAD application takes 5-6 months to process (which is what many are reporting it is taking these days). So file now. It is free and it is not too late, and you will be able to work without interruption.

OMG! Really? I didn't know if they received the one i have currently gets extended! Should I apply again under C9? Even if it will be a renewal? that's what I asked one time when I called if I send that I can kee working and his response was no, you can't work without a EAD card, you made my day! I will send the I-765 and I-130 right away! I was so confused because every time I talked to someone they told me something different, including the lady who interviewed us! Do you know about driver liscence? I have a status check as well, and I'm afraid I might not be able to show them anything and my driver liscence will be canceled! I missed my last sturdy check by a day and it took 3 weeks to be active again, and I got pulled over once because the police ran my car plates and showed my driver license being still show as canceled, thankfully I had my paperwork that I was renevew, but without anypaperwork I won't be able to renew it!

Thanks you sooo much!!!

[Sami Rueda-Pippin]

I would contact your Congress person, as well. The Minneapolis field office really needs to get their act together. Of course, renew your EAD but contact your congress person. Everyone reports they're very helpful. While reaching to them does not officially expedite the process, it does cause someone to physically retrieve your file and ask whoever has it "what's the status of this? Congress person Jane Doe, is asking". Typically, that does the trick.

Are you close to your 2 year marriage anniversary?

Thanks for the reply! Our two year anniversary is not until November, so I'm only going to the the temporary one, which I don't really care. I am in no rush to even get a green card, as soon as I can work and can leave the country (as we are having our catholic wedding back home on fall)

Right now I'm only worried about being able to drive, with the response that I can send the application for EAD and that renews my working permit I'm ok, but the driving part is an annoyance now.

Thanks so much to read and reply! I wasn't sure someone was going to

[newacct]

OMG! Really? I didn't know if they received the one i have currently gets extended! Should I apply again under C9? Even if it will be a renewal? that's what I asked one time when I called if I send that I can kee working and his response was no, you can't work without a EAD card, you made my day! I will send the I-765 and I-130 right away! I was so confused because every time I talked to someone they told me something different, including the lady who interviewed us! Do you know about driver liscence? I have a status check as well, and I'm afraid I might not be able to show them anything and my driver liscence will be canceled! I missed my last sturdy check by a day and it took 3 weeks to be active again, and I got pulled over once because the police ran my car plates and showed my driver license being still show as canceled, thankfully I had my paperwork that I was renevew, but without anypaperwork I won't be able to renew it!

Thanks you sooo much!!!

Yes, but you need to have gotten the I-765 receipt in order to prove to the employer you can work. It might take a few weeks to get the receipt, so you should file ASAP so you can hopefully get it before your current EAD expires. The renewal is in the same category as the original, C9, but you will check the box on the form for renewal.

As for driver's license, that depends on state, and whether your state will recognize the employment authorization extension as a valid legal presence document is hard to say; some states might not. If your state offers driver's licenses without needing legal presence documents, that could be an option.

[Sami Rueda-Pippin]

Yes, but you need to have gotten the I-765 receipt in order to prove to the employer you can work. It might take a few weeks to get the receipt, so you should file ASAP so you can hopefully get it before your current EAD expires. The renewal is in the same category as the original, C9, but you will check the box on the form for renewal.

As for driver's license, that depends on state, and whether your state will recognize the employment authorization extension as a valid legal presence document is hard to say; some states might not. If your state offers driver's licenses without needing legal presence documents, that could be an option.

Hello,

Do do you if My EAD expires before I receive the receipt notice it will be completely expired? or even after a week or so, after the receipt notice I will be able to get back to work? or if has expired then would I need the physical new EAD? Also, do you know if it expired 3/22 would i be able to work 3/22 or would my "last" day be 3/21?

Thanks for all your help! you have been more helpful that USCIS Customer service thru months!

[newacct]

Hello,

Do do you if My EAD expires before I receive the receipt notice it will be completely expired? or even after a week or so, after the receipt notice I will be able to get back to work? or if has expired then would I need the physical new EAD? Also, do you know if it expired 3/22 would i be able to work 3/22 or would my "last" day be 3/21?

Thanks for all your help! you have been more helpful that USCIS Customer service thru months!

If USCIS receives the application before your EAD expires, you should have an automatic extension of 180 days. But you won't be able to prove that fact until you get the receipt. Your employer, if they are doing things by the book, should stop you from working when your current EAD expires and you are not able to present the receipt proving the extension. If that happens, you should be able to get back to work once you get the receipt.

[dannypatel1590]

Yes, but you need to have gotten the I-765 receipt in order to prove to the employer you can work. It might take a few weeks to get the receipt, so you should file ASAP so you can hopefully get it before your current EAD expires. The renewal is in the same category as the original, C9, but you will check the box on the form for renewal.

As for driver's license, that depends on state, and whether your state will recognize the employment authorization extension as a valid legal presence document is hard to say; some states might not. If your state offers driver's licenses without needing legal presence documents, that could be an option.

Hi,

I am planning to file my AOS package along with i765 and i131 since my priority date is current now (I have not received my i-130 approval notice yet). My wife (LPR) filed i130 for me. I am currently on F1 Visa (currently working on OPT) and my EAD expires on June 11, 2018. If I file for new EAD card along with i485 and don't get it before my current EAD expiration, am I allowed to legally work for an employer? (Does the 180 day time lapse help in this case or it doesn't since the category would not be the same). Your feedback would be highly appreciated. Thanks!

[daia]

Hi,

I am planning to file my AOS package along with i765 and i131 since my priority date is current now (I have not received my i-130 approval notice yet). My wife (LPR) filed i130 for me. I am currently on F1 Visa (currently working on OPT) and my EAD expires on June 11, 2018. If I file for new EAD card along with i485 and don't get it before my current EAD expiration, am I allowed to legally work for an employer? (Does the 180 day time lapse help in this case or it doesn't since the category would not be the same). Your feedback would be highly appreciated. Thanks!

Hi, I am in similar situation as you. As I understand it, you will have to stop working if you do not have the new EAD when your current one expires.

[newacct]

Hi,

I am planning to file my AOS package along with i765 and i131 since my priority date is current now (I have not received my i-130 approval notice yet). My wife (LPR) filed i130 for me. I am currently on F1 Visa (currently working on OPT) and my EAD expires on June 11, 2018. If I file for new EAD card along with i485 and don't get it before my current EAD expiration, am I allowed to legally work for an employer? (Does the 180 day time lapse help in this case or it doesn't since the category would not be the same). Your feedback would be highly appreciated. Thanks!

No. That is not a renewal. Only renewals of certain categories of EADs automatically extend work authorization while the renewal is pending.