EAD late, what to do?

[M+G 0]

Hello all!

According to all the timelines (except for the official USCIS one) our EAD is late. It wouldn't be a problem if my wife didn't have a job offer on the table that will disappear if she doesn't have it in 1 week. Any ideas on what could be done? I doubt how much calling USCIS will help, since they only tell you what your case status is (which hasn't been touched since July 6th) FYI, we're awaiting the interview for AOS from a K-1 - but the interview is not soon enough for her not to lose the job opportunity....

Thanks in advance!!!

[tempa 1]

Checking on your timeline reveals that the EAD is not late, it just didn't get processed super fast. It's not even 3 months since your NOA date.

hence, I don't see anything you can do except your wife to ask the employer to wait 9 days instead 7.

[M+G 0]

According to our timeline "Based on timeline data, your EAD may be adjudicated between September 2, 2012 and September 5, 2012" and to the Processing dates for Common Forms - Petitions with NOA1 date July 8, 2012 are being processed now. These dates were very accurate when we were going through the K-1 process.

I believe you say the employer should wait 9 days instead of 7 because of the interview date? Assuming that the interview will result in an approval (I don't see why it wouldn't) -- would that mean that she can start working from that day forward?

[tempa 1]

if she gets approved, she is will be a greencard holder.

in some cases the greencard has actually been marked few days before the interview.

she still doesn't have the documents in hand (like greencard or EAD) to proof that to the employer on that day.

you should ask the interviewing officer just to be sure but my take is she can accept employment right after approval.

about the expected processing times...

If I'm not mistaken, the NBC is the one who handles EAD's of AOS petitioners and looking at their timetable says 3 months.

they might do them faster on a lot of occasions but that 3 month line is the minimum you are to wait before you can start asking for speed up.

I think it even said that on some forms, or USCIS website.

I've also seen people never getting the EAD and AP but they were lucky to get the greencard in less than 4 months.

[Darnell 8,478]

well, you could certainly call in to USCIS, and get an ISO, and ask an ISO to review the EAD application stored in the computer, ask for a best guess on when it'll get issued.

It's best to talk with an ISO, because an ISO can tell you if there are any problems, such as returned mail pieces or missed biometric appointments. A CSR, the first human to talk to, cannot see that on their computer - an ISO, OTOH, can.

see ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm

FWIW, I see nothing in yer timeline about biometrics appointment for EAD - perhaps the letter was mailed out, and returned by USPS. Getting an ISO, you can find out if there are any returned mail pieces....

Good Luck !

[M+G 0]

She called, we got the standard answer of "90 days has not passed" and she was not able to get to Tier 2 for more in depth information.

Can anyone confirm/deny that biometrics is always necessary for EAD? We had it done for the AOS.

[Lainie B 465]

She called, we got the standard answer of "90 days has not passed" and she was not able to get to Tier 2 for more in depth information.

Can anyone confirm/deny that biometrics is always necessary for EAD? We had it done for the AOS.

If you had it done for AOS it should have also covered EAD. Check the appointment letter for your biometrics - it should have both case numbers on it

And yes you need biometrics for the EAD - they use the picture from the biometrics on the EAD card.

Edited September 10, 2012 by Lainie B

[Harpa Timsah 13,258]

Those dates are only guesses from VJ. There is no guarantee that they are right, and you can't hold USCIS accountable for what an unrelated website guesses.

Are you late according to USCIS timeframe (3 months) or just from the VJ guess?

Even if she got approved today, you will not have the EAD in a week. Sorry.

Edited September 10, 2012 by Harpa Timsah

[M+G 0]

If you had it done for AOS it should have also covered EAD. Check the appointment letter for your biometrics - it should have both case numbers on it

And yes you need biometrics for the EAD - they use the picture from the biometrics on the EAD card.

Wife checked the Bio appointment letter. Biometrics was for both AOS and EAD.. so we should be OK. Thanks for that info. As for the rest.. I guess my expectations were high for for the VJ timelines after the spot on experience with the K-1. So we wait