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BobCray

EAD on I-94 and AOS

By BobCray in Working & Traveling During US Immigration

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BobCray Contributor

BobCray   5

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Filed: Timeline
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Hope someone can shed some light on the EAD process.

When I moved here on my K-1 visa the company I was working for abroad wanted to keep me employed so I filed an EAD application when I arrived hoping to get it expedited with a letter from my company. This was denied and I was told to wait the full 90 days. My I-94 has now expired and I have filed my AOS. What will happen with the EAD application? Will they issue one that has already expired, stop the application or deny it because my I-94 has expired?

I haven't filed a new EAD application with my AOS because I don't know how it will affect the existing application. Does anyone know what will happen to the original application if I file a new one based on the AOS?

Thanks for any input,

Bob.

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
 Timeline
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The EAD app based on the I94/K1 is dead as the I94 exired, you would have had to stop working when the I94 expired anyway. Now you will have to wait for the green card.

This will not be over quickly. You will not enjoy this.

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BobCray Contributor

BobCray   5

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Posted (edited)

Thanks for the input, I won't have to wait for the green card as I should be able to get EAD before that. Guess I'll just have to file and see if the company can get it expedited.

What will USCIS actually do with the original application?

Bob.

Edited by BobCray
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NigeriaorBust Grand Master

NigeriaorBust   4,087

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It should be denied, You filed based on something that is no longer valid so when they look at it to approve it they should deny it based on the expired I94

This will not be over quickly. You will not enjoy this.

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ceadsearc Proficient

ceadsearc   516

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Filed: Lift. Cond. (apr) Country: Bolivia
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They'll probably just deny it. It didn't hurt to try, but the I-94 expires so fast in relation to how long it takes to process an EAD that it's rarely worth it.

You can try for an expedited EAD with your AOS if you have a written job offer in hand.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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BobCray Contributor

BobCray   5

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Filed: Timeline
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Posted

They'll probably just deny it. It didn't hurt to try, but the I-94 expires so fast in relation to how long it takes to process an EAD that it's rarely worth it.

You can try for an expedited EAD with your AOS if you have a written job offer in hand.

It was actually my previous employer who, desperate to keep me on due to the specialized nature of my job, asked me to apply immediately and wrote a letter to homeland security explaining that contracts worth millions were in jeopardy whilst I was unable to work. Those nice people at USCIS were not moved. Seems certain Government agencies would prefer US companies to lose money and shed jobs, just what the economy needs at the moment. :-/

Thanks for all the info, hopefully I'll have more luck with the EAD filed with my AOS...

Bob.

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  • 3 weeks later...
BobCray Contributor

BobCray   5

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Filed: Timeline
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The status of my original EAD application which was based on my I-94 has now been updated again. Although the I-94 expired on December 5th they say they have sent another request for evidence. This is the second request they have sent, the first taking over a month to arrive.

If the EAD can never be issued due to the expired I-94, why are they even bothering?

Bob.

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BobCray Contributor

BobCray   5

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So I'll send them the NOA for the I-485 and then they'll deny the application because the I-94 has expired? Does this also mean the Texas Service Center doesn't have access to the same database as the National Benefits Center? I can see all my applications so I would think they could too.

It all seems bizarre to me.

Bob.

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  • 2 months later...
uscisb1 Explorer

uscisb1   0

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

I am not sure I understand this. I have an I-94 to expire in August this year and submitted my AOS package with ED/AP. Does this mean that if in August I do not finish my AOS process, if I receive an EAD it will not work?

I-130/AOS Timeline:

03/28/2012 (Day 0) - Concurrent filing of I-130/AOS (with EAD and AP) mailed to Chicago Lockbox
03/29/2012 (Day 1) - Package delivered to Chicago Lockbox, confirmation received.
04/02/2012 (Day 5) - emails/texts NOA 1 x 4
04/03/2012 (Day 6) - checks cashed
04/10/2012 (Day 13) - Notice for biometrics app. May 2, 2012
04/12/2012 (Day 15) - NOA 1 hard copies received x 4
04/17/2012 (Day 20) - Email for RFE received
05/02/2012 (Day 33) - Biometrics done
05/03/2012 (Day 34) - RFE response sent
05/11/2012 (Day 42) - RFE received by USCIS
06/04/2012 (Day 68) - EAD/AP card production email
06/09/2012 (Day 73) - EAD/AP card in HAND
06/10/2012 (Day 74) - SSN application
06/15/2012 (Day 79) - SSN in hand and interview email for July 23rd
07/23/2012 (Day 117) - INTERVIEW!!!!
07/27/2012 (Day 121) - Email notification of APPROVAL
07/31/2012 (Day 125) - Email of I-130 approval
08/01/2012 (Day 126) - Email of Card Production
08/02/2012 (Day 127) - Welcome letter received in the mail + USPS notification email
08/04/2012 (Day 129) - GC received (exp: 2014)

04/26/2014 - ROC started

07/02/2014 - ROC approved. No Biometrics and No interview

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted (edited)

There are 2 stages in the K1 process where you can apply for an EAD , when you first arrive based on your K1 I94 ( not really done as it would only be good until the I 94 expires and would arrive at best about 2 weeks before it expires ) and when you apply for AOS ,which may arrive before the green card and is good until you get your green card or until you get denied or until one year passes.

Edited by NigeriaorBust

This will not be over quickly. You will not enjoy this.

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