RFEs and Delays

[Kristin.l.m 0]

We received an RFE in the mail today. I have the online account with the USCIS and received an email notification a few days ago about it. We thought it was for the official vaccine supplement (we'd sent in the DS-whatever form with our AOS/EAD packet, not the I-693A), so we hurried up and made an appointment with a civil surgeon for early next week, thinking that we'd be able to turn the RFE around very quickly. As it turns out, it was for a translated copy of my hubby's birth certificate and not the vaccine supplement.

When we send in the requested RFE doc in a few days, should we also send in the proper vaccination supplement form simultaneously, even though they didn't request it? It might save us another delay due to another RFE, perhaps?

2 - The RFE states that we have 87 days to get the documentation back to them. It also states that it will be another 90 days AFTER the doc is received before he is eligible to get interim employment authorization.

We're worried about how long Jan will be out of work. He quit his job in Denmark in mid June, came here in July 18 (received a 90-day EAD at JFK on his way in, which expires on Oct 18), our NOA date for the AOS/EAD was in mid-August (received August 11, Notice on August 17), and he had his biometrics on August 31.

The EAD he received at JFK in July expires in about 5 weeks, and we'd expected his 1-year EAD (or at least another 90-day interim EAD due to delayed processing) on or around November 17. Say we get the translated doc in the mail ASAP, and they receive and process it on September 15... this means that our 90 day waiting period starts over again, right? So instead of having 3 months from August 11/17, we have 3 months from September 15 (meaning he's eligible for an interim EAD on December 15 instead of November 17)?

Has anyone found this process to go faster than they say that it should? Is there any chance that he could still get his EAD sooner than December 15?

3 - There is another thread on herefrom a few days ago (http://www.visajourney.com/forums/index.php?showtopic=29790). Apparently a lot of applicants have received these (not sure whether this is just recently, or whether this is pretty standard for a RFE), and some people have been able to make an infopass and get the interim EAD anyway once the 90 days after the AOS/EAD NOA date. But they've recommended NOT telling the USCIS official at the infopass appointment about the RFE. Is this REALLY a good idea?

4 - Most importantly, how do people explain this type of massive gap when they apply for real jobs once the real EAD arrives? Jan is starting to feel very stressed about this, in no small part because it's another long period of time in which he hasn't been gainfully employed in his field. He's starting to get really worried that he'll never be able to get a good job in business because he's turning 29 in a few months and has never had one.

We actually started the fiance visa process a year earlier than we'd originally planned, in no small part because he couldn't get a real job in his field in Denmark. He did his bachelors degree in the US while I did my masters & Ph.D. The plan was for him to go home and get experience while I stayed here for two-year duration of my postdoctoral fellowship. We didn't plan to work on getting his visa until I had finished my (temporary by nature) postdoc and I had signed a permanent job contract.

But once he got home, he found that employers didn't fully recognize his B.S. in Business Administration. Apparently the "entry level degree" in Denmark is the "Kandidat" (Candidate degree -- not a masters but another year or two of training past the bachelor's degree). He temped for the year he ended up spending at home, which hasn't particularly enhanced his already somewhat anemic resume (i.e., some part-time jobs after high school, then 2 years in the army, 6 months in an internship in Iceland, 6 months of temping, 4 years of work study at a US university, another year of temping, and then up to 6 months of unemployment).

Now that we know about this additional delay, we're both more stressed and discouraged than we were before... this whole process seems very different on paper than we've experienced in person. The money is one thing, but the boredom and frustration are another. He doesn't even feel like he can look for a job until his has the promise of continuity in employment authorization. He hasn't taken advantage of the EAD he received at JFK because we'd 1) perhaps naively hoped that he would get his 1-year EAD around the same time his JFK one expired, and 2) hoped that this would be in his field instead of behind a starbucks counter.

Could anybody tell us what to do or expect during this time, or how we should deal with the long-term ramifications of this RFE?

[Dr_LHA 3]

this means that our 90 day waiting period starts over again, right?

Actually, although the RFE says that mosts people's experiences is that this is not the case. I've seen many cases on here and other forums of people who have still got their EAD in the 90 day timeframe despite an RFE. It seems at worst that you should add the time it takes for them to send you and accept back the RFE to the EAD processing times.

Also yes, you should try to get the interim EAD at 91 days after NOA1, because there are also many reports of sucess doing that even with an RFE.

Edited September 9, 2006 by dr_lha

[motu 5]

To try and put your mind to rest - A BBA from a decent Univ. is a great qualification whether you have any experience or not. He may have to keep trying before he will get the first job in his field (it took me 2 years - I also had no experience in my field (emphasis in Accounting.))

He should not lose hope, just keep trying and take another job in the meantime for example H&R tax preparartion (they train you and then they give you a job.) Many employers hire temporary workers during their processing peaks e.g. state tax offices - sometimes these result in a permanent job. I worked in K mart for 2 years as a flooor manager before getting a low paying accounting job. I know Pittsburgh is a little depresed economically but he can kep trying through his school's placement services in addition to any other resources he has. Good Luck

[Dr_LHA 3]

He should not lose hope, just keep trying and take another job in the meantime for example H&R tax preparartion (they train you and then they give you a job.)

...because I know I want my taxes done by a Norwegian who's never filed a 1040 in his life.

[Kristin.l.m 0]

He should not lose hope, just keep trying and take another job in the meantime for example H&R tax preparartion (they train you and then they give you a job.)

...because I know I want my taxes done by a Norwegian who's never filed a 1040 in his life.

That's a great idea -- I'll have to mention this to him. Accounting wasn't his favorite class but he did okay in it. We have a H&R Block within 2 blocks of our house in Squirrel Hill (Pittsburgh neighborhood), so that would be really easy for us.

He was here for 4 years on a student visa, so he has filed 1040s in the past. So they were 1040EZs and I did the math for him... still counts! (I'm just kidding...) He speaks English very well and has mastered the midwestern US accent. Most people he encounters in casual situations don't pick up on the fact that he's not a native speaker. Squirrel Hill is rather international, so I'd be surprised if his nationality was a big issue for local clients.

[Dr_LHA 3]

He was here for 4 years on a student visa, so he has filed 1040s in the past. So they were 1040EZs and I did the math for him... still counts! (I'm just kidding...)

So he filed taxes illegally then?!?! I thought students were required to file 1040NR!

[Anna C. 4]

Hi Kristin,

We have the same worries, only that I had a job offer in Germany . Though we attended a meeting of the local Germans here (lots of companies from Germany are located here) and there were also their American spouses. I explained to them what kind of MA I have (from LMU Munich) and my worries about finding a job - since my education is not the problem, it is acknowledged, but I was worried about some posts I read that "foreigners" are treated not that well. But they assured me it will be fine. So your hubbie shouldn't worry. And when it comes to EAD: he's lucky that he has the interim EAD at least!!! We are waiting for ours impatiently. Though I have work experience with an international company in Germany (Infineon) and did a traineeship in New York we are still a little bit insecure... Try temp agencies, Spherion or if there are meetings from Europeans in your area. They usually help a lot to find employment with European companies which has the advantage of European benifits

Lg and good luck,

Anna

[Kristin.l.m 0]

He was here for 4 years on a student visa, so he has filed 1040s in the past. So they were 1040EZs and I did the math for him... still counts! (I'm just kidding...)

So he filed taxes illegally then?!?! I thought students were required to file 1040NR!

He met the substantial presence test. Did it for 4 years and didn't seem to bother anybody at the IRS...<shrug>

[Dr_LHA 3]

I was just joking around Kristen. However, I didn't know that F-1s were able to meet the substantial presence test I must admit, makes sense though.

[Kristin.l.m 0]

Hi Kristin,

We have the same worries, only that I had a job offer in Germany . Though we attended a meeting of the local Germans here (lots of companies from Germany are located here) and there were also their American spouses. I explained to them what kind of MA I have (from LMU Munich) and my worries about finding a job - since my education is not the problem, it is acknowledged, but I was worried about some posts I read that "foreigners" are treated not that well. But they assured me it will be fine. So your hubbie shouldn't worry. And when it comes to EAD: he's lucky that he has the interim EAD at least!!! We are waiting for ours impatiently. Though I have work experience with an international company in Germany (Infineon) and did a traineeship in New York we are still a little bit insecure... Try temp agencies, Spherion or if there are meetings from Europeans in your area. They usually help a lot to find employment with European companies which has the advantage of European benifits

Lg and good luck,

Anna

I think we're limited to Scandinavian engineering firms here, as Pgh is rather industrial... else that or Ikea, but I don't think he savors the idea of stacking furniture, even if it means he gets to drive a forklift European benefits would be great, though

Temp agencies are also a good idea, although he really wants to get away from temping and into something more permanent. I'd like it also, since I've agreed to spend a 3rd year in my current job so he can have some stability in his, whatever it ends up being I don't think there are any scandinavian associations here, but I'll have to check. We are just keeping our fingers crossed and hoping for the best, I guess... as long as he can get his foot in the door, so to speak, we should be okay.

Anna, you sound very qualified. I doubt you will have any trouble finding a job with your work history, despite the gap in your cv!