How often is an EAD touched before approval?

[zsam 0]

Hi everyone,

My husband's EAD was finally touched Monday, Tuesday and today! We've been waiting for over 9 months (and were denied an interim EAD) for some news but we are not sure that anything is happening. I know the USCIS has been having problems so do you think these are misleading "updates"? Anyone else have the same experience?

Thanks!!!!

[mexi 0]

im sorry to hear this. i had no problems w/ my ead. it got touched only one time then after 3 months they approved it. sorry i know its not making u feel better but anyway, just hold on tight. it will go through anyways.

[Keigwyn 1]

My EAD was touched the day the check was processed, then again the day after Biometrics (so I am guessing that this was probably all that was done on those occasions.)

Then it was approved two days after the next touch.

[babyface2005 0]

I was going to ask the same question cause I'm driving myself crazy with anticipation, checking status and e-mail every 3 mins. My EAD was touched 11/8, 11/13, 11/14, and today. Isin't that enough touches for an approval already!

Anyway I don't think there's any kind of pattern with these touches if u judge by other pples timeline. So we just have to wait and see.

I think u'll get an approval soon.

[Kez/JWolf 6]

The number of times your case is touched has nothing to do with when you will get approval of anything....

A touch as we call it just means someone has accessed your case.... does not mean they have done anything and there is no set number of touches before anything happens....

[zsam 0]

Thanks everyone for your feedback. To be honest, we have no expectations of USCIS as we've been waiting for over 9 months now for a stupid EAD. For us, even having the case touched is a big step forward...sadly. Imagine, no movement since January 23!

Let's hope we get an approval in the next few months!

[am1996 0]

Thanks everyone for your feedback. To be honest, we have no expectations of USCIS as we've been waiting for over 9 months now for a stupid EAD. For us, even having the case touched is a big step forward...sadly. Imagine, no movement since January 23!

Let's hope we get an approval in the next few months!

For the vast majority of EAD applicants, barring any RFE's that toll/restart the clock, USCIS has 90 days to issue EAD to you. If they don't, you have the right to an automatic 240 day EAD to be issued to you right away. Just out of curiosity, how is it possible that your EAD is taking 9 months?

[zsam 0]

For the vast majority of EAD applicants, barring any RFE's that toll/restart the clock, USCIS has 90 days to issue EAD to you. If they don't, you have the right to an automatic 240 day EAD to be issued to you right away. Just out of curiosity, how is it possible that your EAD is taking 9 months?

You have asked the $1m question. USCIS never responded to our request for more information. They also denied us an interim EAD saying "we are not allowed to give you an interim EAD for reasons we can not disclose." Our lawyer has said that our case has been sent for extra review most likely. No surprise considering my husband is from Pakistan. However, if they do this with every single petition I won't be happy. Even our laywer is amazed that this is going on.

[am1996 0]

You have asked the $1m question. USCIS never responded to our request for more information. They also denied us an interim EAD saying "we are not allowed to give you an interim EAD for reasons we can not disclose." Our lawyer has said that our case has been sent for extra review most likely. No surprise considering my husband is from Pakistan. However, if they do this with every single petition I won't be happy. Even our laywer is amazed that this is going on.

This sounds fascinating. If you don't mind me asking, did your husband enter the country on a K1 or some other type of visa? Is USCIS citing national security reasons for the delay or are they literally saying that they can't disclose the reasons for the delay? Have you and your lawyer explored the possibility of a lawsuit against USCIS to compel them to comply with 8 CFR 274a.13(d)?

[cdnchris 0]

My EAD was touched a couple of times over a period of a few days before it was approved, so getting a bunch of touches is good sign.

#######, they're still touching the thing. I got the card in the mail the other day and I've had a bunch of touches since then

[zsam 0]

You have asked the $1m question. USCIS never responded to our request for more information. They also denied us an interim EAD saying "we are not allowed to give you an interim EAD for reasons we can not disclose." Our lawyer has said that our case has been sent for extra review most likely. No surprise considering my husband is from Pakistan. However, if they do this with every single petition I won't be happy. Even our laywer is amazed that this is going on.

This sounds fascinating. If you don't mind me asking, did your husband enter the country on a K1 or some other type of visa? Is USCIS citing national security reasons for the delay or are they literally saying that they can't disclose the reasons for the delay? Have you and your lawyer explored the possibility of a lawsuit against USCIS to compel them to comply with 8 CFR 274a.13(d)?

No worries am1996. My husband entered on a K3. They USCIS won't say anything but we are not idiots and know that they selected him based on his background. They literally said they can't disclose the reasons. We actually may have to file a Mandamus action if they take no action which is what I think you are referring to. I am trying to avoid that route as it is expensive. We already re-filed our I-130 as it also disappeared into a black hole. USCIS has made lots of money off of us!

cdnchris, congrats on the card!

[Yodrak 7]

zsam,

Since the updates are not leading (except in VJer's imaginations) they can hardly be misleading.

Yodrak

Hi everyone,

My husband's EAD was finally touched Monday, Tuesday and today! We've been waiting for over 9 months (and were denied an interim EAD) for some news but we are not sure that anything is happening. I know the USCIS has been having problems so do you think these are misleading "updates"? Anyone else have the same experience?

Thanks!!!!

[am1996 0]

No worries am1996. My husband entered on a K3. They USCIS won't say anything but we are not idiots and know that they selected him based on his background. They literally said they can't disclose the reasons. We actually may have to file a Mandamus action if they take no action which is what I think you are referring to. I am trying to avoid that route as it is expensive. We already re-filed our I-130 as it also disappeared into a black hole. USCIS has made lots of money off of us!

You may want to consider consulting with various immigrants' rights and other civil liberties organizations to see if they would be interesting in taking on your case pro-bono. For instance, many law schools have immigrants' rights clinics that specialize in these type of representations. There are also organizations such as FIAC (Florida Immigrant Advocacy Center), CAIR (Capital Area Immigrants' Rights) Coalition, MIRA (Massachusets Immigrant and Refugee Advocacy) Coalition, etc...

I would be more inclined to accept delays either at the visa issuance stage or at the AOS approval stage since there is a compelling argument for the need to conduct background checking at those stages. At the EAD issuance stage, however, I am not sure what USCIS' justification or a defense is for a 9 month processing timeline. I am certainly not privy to the whole story, but based on what you've said so far, I would at least consult with an immigrants' right/civil liberties organization.

Best of luck!

Edited November 15, 2006 by am1996