Expedite Request

[hybridvoices 1]

Hi all,

I'm adjusting status from a student visa to green card through marriage. I'm concerned about the time my EAD application is taking, as I have a written job offer from a company.

The I-765 was received by them on Jan 28th, and I've had two requests for initial evidence (the second for something already submitted), and I told the agent that I'd received those. She went ahead and submitted a service request for "being beyond regulatory timeframe". From what I've read on forums the requests for initial evidence resets the 90 days for the EAD, so I'm not sure that beyond regulatory timeframe is right given the RFE delays, but she said that was the relevant option so it got submitted.

Me and my wife are just about getting through on her paychecks, and this is living at her parent's house. We have student loan payments to start making next month though, and we absolutely do not have enough money to cover them without me starting working in the next couple of weeks (so I receive a paycheck before the payments have to be made). Her parents are cosigned on the loans too to they would be implicated too.

My questions are:

1) I'd like to submit an expedite request for financial loss to the individual. Given the situation, is it at least worth a try? I don't see any other option...

2) Will submitting an expedite request interfere with the service request and cause delays instead of anything being potentially sped up?

3) Has anyone had a similar situation and how did you resolve it?

Thanks

[NancyNguyen 1,658]

What are your RFEs?

If you received RFEs, you need to submit evidences again even though you did submit them. You are not in a position to reason with USCIS. They might lose those documents, and you need to response them with what they want. Your agent (attorney?) has no idea what she is doing, she needs to submit response, not opening service requests.

An service request is not helpful when your RFE is not responded sufficiently. Everything halts when RFE is pending (and you haven't responded them with what they need.)

TIP: Wrong helps will hurt, you need a real attorney (if you are not doing it yourself) not some "agents" (who they think they know about USCIS, by the way it is illegal practicing laws without being an attorney)

[Nich-Nick 3,354]

People have had their EAD expedited because they had a job offer. Get it in writing so it can be submitted.

[NancyNguyen 1,658]

People have had their EAD expedited because they had a job offer. Get it in writing so it can be submitted.

He's received initial RFEs, so I don't think he would be able to expedite it Nick.

[hybridvoices 1]

NancyNguyen: By agent, I mean the representative I spoke with on the phone on the USCIS helpline. First RFE was for 2014 tax documents, second RFE was for a US birth certificate for the co-sponsor on the affidavit of support. Replied to both within a few days of getting them and both were received by USCIS. So my case is being processed again right now.

Nich-Nick: I already have it in writing, so do you reckon I should just call the USCIS number on Monday and have them submit the expedite request?

As a note, I wouldn't be trying to get it expedited solely on the basis of the job offer, but because as of next month, me and my wife will not have close to enough money to pay bills and live on. Hence why I'd mentioned the "financial loss to individual" reason to expedite as it says on the USCIS website. The job offer would just be evidence of an immediate solution to the problem, provided I had the EAD.

Edited May 2, 2015 by hybridvoices

[Nich-Nick 3,354]

He's received initial RFEs, so I don't think he would be able to expedite it Nick.

I read his post as saying he told the agent on the phone at USCIS that he had received two RFEs, thinking she might tell him he had to wait 90 days from his response to get the EAD. but instead the USCIS agent submitted a service request based on his original 90 timeframe, ignoring that his clock stopped for the RFEs.

Edit: I was typing when the OP explained what I understood from his first post.

Edited May 2, 2015 by Nich-Nick

[hybridvoices 1]

I read his post as saying he told the agent on the phone at USCIS that he had received two RFEs, thinking she might tell him he had to wait 90 days from his response to get the EAD. but instead the USCIS agent submitted a service request based on his original 90 timeframe, ignoring that his clock stopped for the RFEs.

That's exactly it.

[NancyNguyen 1,658]

That's exactly it.

Well I was thinking "agent" means someone helped you with your application.

[Nich-Nick 3,354]

Somebody like KayDeeCee posts a link from time to time of what people have done. I don't have that bookmarked. Sorry. This might be something for an INFOpass appointment at your local office so you can take in your written request, hardship (loan)evidence, and job offer. The hardship is not yours, but the USC's, so approach it that way. The InfoPass would at least have you face to face with a real person who can submit to the proper place. I forget how others have approached it, but calling USCIS always seems like a black hole where you don't know if it's even getting routed to the right place.

[itsmehere 0]

NancyNguyen: By agent, I mean the representative I spoke with on the phone on the USCIS helpline. First RFE was for 2014 tax documents, second RFE was for a US birth certificate for the co-sponsor on the affidavit of support. Replied to both within a few days of getting them and both were received by USCIS. So my case is being processed again right now.

Nich-Nick: I already have it in writing, so do you reckon I should just call the USCIS number on Monday and have them submit the expedite request?

As a note, I wouldn't be trying to get it expedited solely on the basis of the job offer, but because as of next month, me and my wife will not have close to enough money to pay bills and live on. Hence why I'd mentioned the "financial loss to individual" reason to expedite as it says on the USCIS website. The job offer would just be evidence of an immediate solution to the problem, provided I had the EAD.

You can't have an application expedited if there's a RFE. There's a standard 60 day time frame for them to review your response.

[NikLR 13,232]

The RFE was on the I-485 not the I-765 I assume?

And I agree with trying for the expedite. I can't hurt to try, the worst they can say is no.

[raven52 233]

It will not hurt to try.,.but chances are not good with rfe's.,...,I think I am reading there was more than one.,.,.,I am not sure with what I read.

Anyway, just good luck to a fellow member.,.

[hybridvoices 1]

The RFE was on the I-485 not the I-765 I assume?

And I agree with trying for the expedite. I can't hurt to try, the worst they can say is no.

Yes it was. I think I'm in agreement with you, it's better than just waiting forever!

[hybridvoices 1]

Just an update for anyone reading this, I requested the expedite over the phone yesterday for the reasons I said, and my online case tracker was changed to "card production ordered" this morning! Thanks for the help guys