working without EAD?

[rebeccajo 14]

By "sufficiency", I was saying there was enough "bulk" to constitute a bonafide AOS application. In other words, if any evidence is missing, is there still enough documentation to create a per se application? That would seem to be "sufficient" enough, based on how the EAD is advertised, to process the I-765. Apparently not. That was my point. If indeed it is a clerk that is making that determination, then any further "adjudication", besides the interview, seems more of a blessing, rather than a determination.

My main point is, that there is a point when the I-485 and I-765 become divorced. My arguement is that point should happen sooner in the process, than it currently seems to happen, to expedite the issuance of an EAD.

I must not be explaining myself very well.

The clerk who initially inspects the submitted file is by no means the adjudicator. They have a list of what is suppoed to constitute a proper package. If something doesn't fit the description of a 'list' item, an RFE may be generated. The clerk's issuing these RFE's make no judgment as to whether the submitted evidence is 'good enough'. Their job is to make sure you included the evidence - nothing more. What you could argue here is that if indeed they WERE the adjudicator, the RFE might never have happened. But such is the assembly line process of USCIS.

That person sitting across from you on interview day is indeed the person who 'blesses' the application, but not in the way you've phrased it above. They have reviewed your file before they see you. The other evidence you bring on interview day and the way you respond to questions are what gets the case approved.

The I485 and I765 become 'divorced' from each other once a properly documented I485 is in place with the Service. Even the new 75 day policy USCIS and the Ombudsman have struck don't obviate that fact.

[Eli the Barrowboy 16]

The I485 and I765 become 'divorced' from each other once a properly documented I485 is in place with the Service.

48 days ago and counting ... they sent our RFE out 20 days after we sent in our original application so I guess that after 48 days they must have reviewed it and said it's OK and passed it over. Still no divorce though, maybe they are staying together for the sake of the children ... lol.

[Rocky_nBullwinkle 6]

I must not be explaining myself very well.

The clerk who initially inspects the submitted file is by no means the adjudicator. They have a list of what is suppoed to constitute a proper package. If something doesn't fit the description of a 'list' item, an RFE may be generated. The clerk's issuing these RFE's make no judgment as to whether the submitted evidence is 'good enough'. Their job is to make sure you included the evidence - nothing more. What you could argue here is that if indeed they WERE the adjudicator, the RFE might never have happened. But such is the assembly line process of USCIS.

That person sitting across from you on interview day is indeed the person who 'blesses' the application, but not in the way you've phrased it above. They have reviewed your file before they see you. The other evidence you bring on interview day and the way you respond to questions are what gets the case approved.

The I485 and I765 become 'divorced' from each other once a properly documented I485 is in place with the Service. Even the new 75 day policy USCIS and the Ombudsman have struck don't obviate that fact.

I am beginning to wonder, Rebecca, where your knowledge comes from, to become the final word on this matter? Are you an advocate for the process the way it is, or would you even consider ways to improve the process?

Sometimes, efficiency gets in the way of the mission statement, and I feel that this is the case here. Not personally for you Rebecca, but for the staff at the Chicago office of the USCIS, who do not want to foreward an "incomplete folder" to the local office, where the case should rightfully be considered.

[rebeccajo 14]

I must not be explaining myself very well.

The clerk who initially inspects the submitted file is by no means the adjudicator. They have a list of what is suppoed to constitute a proper package. If something doesn't fit the description of a 'list' item, an RFE may be generated. The clerk's issuing these RFE's make no judgment as to whether the submitted evidence is 'good enough'. Their job is to make sure you included the evidence - nothing more. What you could argue here is that if indeed they WERE the adjudicator, the RFE might never have happened. But such is the assembly line process of USCIS.

That person sitting across from you on interview day is indeed the person who 'blesses' the application, but not in the way you've phrased it above. They have reviewed your file before they see you. The other evidence you bring on interview day and the way you respond to questions are what gets the case approved.

The I485 and I765 become 'divorced' from each other once a properly documented I485 is in place with the Service. Even the new 75 day policy USCIS and the Ombudsman have struck don't obviate that fact.

I am beginning to wonder, Rebecca, where your knowledge comes from, to become the final word on this matter? Are you an advocate for the process the way it is, or would you even consider ways to improve the process?

Sometimes, efficiency gets in the way of the mission statement, and I feel that this is the case here. Not personally for you Rebecca, but for the staff at the Chicago office of the USCIS, who do not want to foreward an "incomplete folder" to the local office, where the case should rightfully be considered.

I'm not the final word on the matter, by any stretch of the imagination.

My knowledge comes from having hung around here and a couple of other immigration forums for the last 4 years - I've had some excellent teachers who've immersed themselves even longer than I have.

I'm not an 'advocate' for the process. I'm just explaining how it works. I'm not sure where you come away with the impression that I wouldn't consider ways to improve the process. I don't know if you've looked at my personal timeline but if you do you'll see my husband waited nearly 18 months for a greencard. He had to file for a second EAD so he could legally work while his case languished in namecheck. Since he received his card in April, 2007, USCIS has issued new policy to avoid similar delays for status adjustees. So I guess you could say I have seen them improve. It pleases me to know that other applicants won't experience the delays that we did.

FYI, I also happen to have worked in business all my life. I've seen loads of inefficiency. And I've seen ways to improve stuff. From that standpoint, I don't see much difference in how sending the case to the District Office for dissection would speed things up much unless you are taking the perspective that the Adjudicating Officer themselves should be the one issuing RFE's. From what I've learned about the District Offices over the years, it's my impression a system such at that would create a similar disparity to what we see now in petition processing. Some DO's are backed up to the hilt - others (like my local Pittsburgh) aren't. If the cases weren't RFE'd until the AO saw them, I believe you'd see a lot of unhappy campers in certain geographical areas waiting way too long for a greencard.

Don't get me wrong at all when I 'explain' to you what I know of how things work. It isn't an argument 'for' the Service. It's always helped me to understand the monkey that I have to wrestle. It's my hope it helps others also.

Edited January 7, 2009 by rebeccajo

[rebeccajo 14]

The I485 and I765 become 'divorced' from each other once a properly documented I485 is in place with the Service.

48 days ago and counting ... they sent our RFE out 20 days after we sent in our original application so I guess that after 48 days they must have reviewed it and said it's OK and passed it over. Still no divorce though, maybe they are staying together for the sake of the children ... lol.

Have you Infopassed to check on the status of the EAD?

And have you tried your other elected representatives? I know you said you tried your congressperson. What about your Senator?

[Eli the Barrowboy 16]

Hi Rebecca,

The Infopass appointment maker online reads the following for pending cases.

"Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment."

I just called 7 days ago and made a Service request. As I stated before they responded with a '90 days after RFE' response.

I might try the Senator - the new one is just about to come to power so it would be good looking for his office to help out a few needies.

Thanks as always for your help!!!

R

[rebeccajo 14]

Hi Rebecca,

The Infopass appointment maker online reads the following for pending cases.

"Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment."

I just called 7 days ago and made a Service request. As I stated before they responded with a '90 days after RFE' response.

I might try the Senator - the new one is just about to come to power so it would be good looking for his office to help out a few needies.

Thanks as always for your help!!!

R

We used our Senator - not that it did us much good. But out situation was very different - cases caught in namecheck are beyond the reach of elected representatives as "National Security" is at stake (dramatic language I know but official nonetheless).

Your situation is a bit different as all you are asking for is your EAD. And you've got a job offer on the table.

I'd give it a go.

PS - Did I tell you we are headed home for a visit in March?

Edited January 7, 2009 by rebeccajo

[Eli the Barrowboy 16]

I called Senator Merkley's office in both DC and Portland, Or, and they are taking the case on - I asked them to try to sort out an interim EAD for me. They came to power yesterday and will hopefully be making to break some eggs in Washington. I also emailed the Ombudsman to see if there was anything they could do.

You're headed in March? How lucky. We are planning to go in May for my sisters wedding but with our dwindling savings and flights at $850 each it's going to be tight - we also want to bring our kids over the summer and that's not cheap. Family unity and EADs are tied together at this stage.

Well, here's to the auld sod, Senator Merkley and interim EADs.

R

[Eli the Barrowboy 16]

Well my work is over for the day ... if you excuse the pun.

We have another Congressman office (they just called and are making enquiries for us), the CIS Ombudsman and our Senators office all acting on our behalf and trying to get me at the least an interim EAD.

Now, I'm not going to say another word about it or b1tch anymore as my hair/teeth/arms are falling out with the pressure. I think I'll start going back to mass instead.

Thanks for your encouragement Rebecca.

R

[AlHayatZween 2]

I think I will call the ombusdman ... my wife's congressman was no good ... "Call us when the 90 days after your RFE was received has passed ... blah blah blah".

Assylum seekers (and honestly I do feel for them) get EAD after 30 days and we have to wait 90? Why?

Starting to think this whole thing was a bad move ...

i can absolutely empathize with you Eli. A lot of the process is frustrating especially when all you really want to do is work, pay taxes, and get on with your normal life. Sorry, to hear about the RFE and having to wait the additional days... Just speaking from our experience waiting for K1 approval, they say to wait an additional 45 or 60 days after an RFE, but with any luck, they may just approve you earlier than that. Let's hope they are moving!

Me, too, sometimes i question if this move was not a good decision. It's certainly hard, but at the end of the day, i think for us, it was the best decision for right now. Just grit our teeth and bare it, until the gc comes in, and then hopefully, more doors will be open to us and we will have more options in the future.

Hang in there! Here's hoping you'll hear some good news soon!

[Eli the Barrowboy 16]

You'll never beleive this but I just got both my EAD and AP Card production ordered emails.

Thanks for all your words of encouragement folks and Rebecca, we'll be heading to Ireland in may after all ... yeah!!!

[rebeccajo 14]

You'll never beleive this but I just got both my EAD and AP Card production ordered emails.

Thanks for all your words of encouragement folks and Rebecca, we'll be heading to Ireland in may after all ... yeah!!!

Well, how about that!

Looks like you were a victim of "Santa-itis" after all!

Are you going to call the folks at HP tomorrow and tell them your card is on the way? Wes' came about a week after he got the e-mail.

[Eli the Barrowboy 16]

Yeah - oddly enough I was meeting them at 3pm tomorrow for an update anyway ... so from home to HP top a bar for many many beers.

[rebeccajo 14]

Yeah - oddly enough I was meeting them at 3pm tomorrow for an update anyway ... so from home to HP top a bar for many many beers.

Lift one for us and the 'auld sod'!!!

PS - Print out a copy of the e-mail and take it with you! Ummmm - to the meeting that is - not to the bar!

Edited January 9, 2009 by rebeccajo

[Degrizz 0]

as we were filling out form I-845 we came across a question in part 3 that asks her current occupation. Don't know if it will cause trouble if I tell them she is a waitress, but if I say none I would be lying. what does everybody think?