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Seeking options to expedite E2 extension?

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  • Seeking options to expedite E2 extension?

    Greetings,

    I am the primary holder of E2 status, and my husband is my E2 dependent. We recently submitted a petition for an extension of my E2 status with premium processing. Along with the package, we included his i536 (extension of E2) and i765 (EAD renewal) forms. Fortunately, my E2 status was extended promptly through the premium processing service. However, we are experiencing lengthy processing times for his i536 (pending for over 20 months) and i765 (pending for over 6.5 months). If these timelines hold true, we will need to file another extension a few months after his E2 extension and EAD are approved. We are seeking guidance on any available options to expedite the process.

    Additionally, we would like to inquire about the USCIS processing procedure for the i765 form. Will it be processed after the E2 status is approved (considering the 20-month wait for I539 plus the additional 6.5 months for i765)? Or since both forms were filed together, will they be processed differently?

    Thank you for your assistance in this matter. We greatly appreciate your support.



  • #2
    Your husband didn't need to file I-765 -- E spouses are automatically authorized to work without needing an EAD. But he cannot work until he gets a new valid E2 I-94 (when his Extension of Stay is approved, or when he enters the US again). Filing for an EAD doesn't help in this regard.

    If he doesn't need to work, then it doesn't really matter that the EOS is slow. He can stay in the US while it is pending anyway. And whether this EOS is slow or fast doesn't really affect the fact that you guys need to file for EOS again. The only difference that a slow EOS makes is that he can't work. If he needs to work, one solution is for him to leave the US and re-enter on the basis of a valid E2 dependent visa and your I-94 showing that you are in E2 status. He will be admitted until the expiration of your I-94, and he can work.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you for reaching out and sharing your situation regarding your E2 status extension and the processing times for your husband's i536 and i765 forms. I understand your concerns about the lengthy processing times and the potential need for another extension in the future. I'll address your inquiries and provide guidance on available options.

      Regarding the processing of your husband's i536 and i765 forms, it's important to note that USCIS processes applications on a case-by-case basis, and the timelines can vary. In some cases, the processing of dependent applications may take longer than the primary applicant's petition.

      Typically, the i765 (EAD) processing is dependent on the approval of the underlying status, which in this case is the E2 extension (i536). While USCIS strives to process cases together when filed concurrently, there can be variations in processing times.

      To address the lengthy processing times and explore options for expediting the process, you may consider the following steps:
      1. Contact USCIS: You can reach out to USCIS directly to inquire about the status of your husband's applications. USCIS has a customer service line that you can call to request an update or raise any concerns regarding the processing times.
      2. Infopass appointment: Schedule an Infopass appointment at your local USCIS office. During the appointment, you can discuss your situation with an immigration officer, inquire about any available options for expediting the process, and seek guidance on the next steps.
      3. Expedite request: In certain circumstances, USCIS allows for expedited processing of applications. You can explore whether your situation meets the criteria for expedited processing and submit a request accordingly. Typically, expedite requests are considered for urgent situations, such as severe financial loss, humanitarian reasons, or compelling emergencies.
      4. Seek legal assistance: If the processing delays persist and you require immediate resolution, it may be beneficial to consult with an immigration attorney who can provide guidance tailored to your specific circumstances. They can help assess your case, explore available options, and represent your interests in dealing with USCIS.

      Remember, processing times can vary, and USCIS strives to process cases as efficiently as possible. While waiting for a response, it's important to maintain valid legal status and follow any instructions or requests for additional documentation from USCIS.

      I hope this information helps you navigate the situation omeglz and provides some guidance on available options. It's recommended to seek professional advice for personalized assistance. If you have any further questions, feel echat free online2yu to ask. Good luck, and I hope your husband's applications are processed soon.
      Last edited by LansoirThemtq; 06-22-2023, 02:15 AM.

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