April 2016 AOS Filers

[Gus45 2]

@Nybliss - I have exactly the same situation and received my EAD approval notice yesterday with my status stating "Card has been mailed to you". Did your status update when USPS picked up your card?

[Nybliss 0]

no it only updated when the card was actually delivered.

It went from card was mailed, to card was delivered.

[AngelaP 13]

I don't know exactly why someone here got told that their RFE wasn't connected to the EAD delay, but I think it must be a different case than yours.

Here's the link I found on the USCIS website about it.

https://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

It says that if you get a request for initial evidence on the main application (AOS) then it will affect the EAD clock.

I think swizzle9 was referring to my post a couple of days ago. The Tier 2 was a 100% positive about the fact that I-485 and I-765 are processed separately. I also mentioned the Tip Sheet (your link) and he repeated again that they are processed separately and my RFIE on I-485 doesn't impact I-765 at all. But it might just be my case and not a general thing...

Moreover, when read carefully:

• For example, if your eligibility for employment authorization is based on a pending Form I-485, Application to Register Permanent Residence or Adjust Status, and USCIS issues a request for initial evidence pertaining to your Form I-485, the clock for your Form I-765 will stop when USCIS issues the request for evidence and restart when USCIS receives the requested information.

It just states that the clock will stop and restart when USCIS receives the requested information. Legally, it just gives them more time to process before you're allowed to file a Service Request upon the 75 days limit. It doesn't say that they stop working on the I-765 while waiting for RFIE I-485 response, so anything is possible I guess...

My RFIE delayed I-485 by 2 weeks exactly. So we'll see if i'll effectively get my EAD/AP end of June (as estimated by VJ) or later on July. If the later then RFIE does delay your EAD.

[swizzle9 0]

I think swizzle9 was referring to my post a couple of days ago. The Tier 2 was a 100% positive about the fact that I-485 and I-765 are processed separately. I also mentioned the Tip Sheet (your link) and he repeated again that they are processed separately and my RFIE on I-485 doesn't impact I-765 at all. But it might just be my case and not a general thing...

Moreover, when read carefully:

• For example, if your eligibility for employment authorization is based on a pending Form I-485, Application to Register Permanent Residence or Adjust Status, and USCIS issues a request for initial evidence pertaining to your Form I-485, the clock for your Form I-765 will stop when USCIS issues the request for evidence and restart when USCIS receives the requested information.

It just states that the clock will stop and restart when USCIS receives the requested information. Legally, it just gives them more time to process before you're allowed to file a Service Request upon the 75 days limit. It doesn't say that they stop working on the I-765 while waiting for RFIE I-485 response, so anything is possible I guess...

My RFIE delayed I-485 by 2 weeks exactly. So we'll see if i'll effectively get my EAD/AP end of June (as estimated by VJ) or later on July. If the later then RFIE does delay your EAD.

I was referring to your post but I was also told them same information as you, that the two are separate, when I spoke with them before on the phone.

[pantonia 39]

I think swizzle9 was referring to my post a couple of days ago. The Tier 2 was a 100% positive about the fact that I-485 and I-765 are processed separately. I also mentioned the Tip Sheet (your link) and he repeated again that they are processed separately and my RFIE on I-485 doesn't impact I-765 at all. But it might just be my case and not a general thing...

Moreover, when read carefully:

• For example, if your eligibility for employment authorization is based on a pending Form I-485, Application to Register Permanent Residence or Adjust Status, and USCIS issues a request for initial evidence pertaining to your Form I-485, the clock for your Form I-765 will stop when USCIS issues the request for evidence and restart when USCIS receives the requested information.

It just states that the clock will stop and restart when USCIS receives the requested information. Legally, it just gives them more time to process before you're allowed to file a Service Request upon the 75 days limit. It doesn't say that they stop working on the I-765 while waiting for RFIE I-485 response, so anything is possible I guess...

My RFIE delayed I-485 by 2 weeks exactly. So we'll see if i'll effectively get my EAD/AP end of June (as estimated by VJ) or later on July. If the later then RFIE does delay your EAD.

I was referring to your post but I was also told them same information as you, that the two are separate, when I spoke with them before on the phone.

It is in all our best interest that the RFIE for the AOS doesn't affect the time of the EAD, but at this point I don't know what to believe. While I've never talked to a tier 2 (btw, how do I request to do that?), it seems that USCIS is worthless. I went to an infopass the other day with my problem (RFIE) and they couldn't answer any of my questions. Her guess was as good as mine and I had to make her read the letter multiple times because she kept reading it wrong...

[cj21 12]

Biometrics - DONE! Now for the next part....

Hello Angela Simmons, we have the exact timeline, golly! did you apply for EAD? have you received an update? Hope all is well. Cheers

[cj21 12]

Hi guys, I just been reading this thread and I felt like I want to be in this community. Im an April AOS 2016 filer too. Here is my info, as on the timeline, right now I am waiting for my EAD/AP approval, hopefully it should come soon this week or next week. It is true, patience to wait is the key, or else we'all go nuts!

[AngelaSimmons 0]

Hello Angela Simmons, we have the exact timeline, golly! did you apply for EAD? have you received an update? Hope all is well. Cheers

Hi there - I did apply for EAD but haven't heard anything yet. I think most of the people receiving their EAD now expedited the request but I think we should hear something in the next few weeks.

[ExtraTerrestrial 3]

Anyone else living with their in-laws since you got married? I feel like getting EAD approval will be my path out of here!

[AngelaP 13]

It is in all our best interest that the RFIE for the AOS doesn't affect the time of the EAD, but at this point I don't know what to believe. While I've never talked to a tier 2 (btw, how do I request to do that?), it seems that USCIS is worthless. I went to an infopass the other day with my problem (RFIE) and they couldn't answer any of my questions. Her guess was as good as mine and I had to make her read the letter multiple times because she kept reading it wrong...

When called I got a 1st person to whom i explained my case (that i called a 1st time, that i've been directed to the field agency for an infopass, that the agent who received me for the infopass didn't help much and redirected me to the national center, so I am back at square 1). He felt for me but couldn't do anything, so he transferred me to tier 2 who has access to my case and hopefully an more precise informations about the RFIE.

Note that when i was transferred no one was available (waiting estimated to be 51 min) and they set a callback. Had to wait for 2 hours before they actually call be back.

Hang on!

[Dhess 0]

Havent receive EAD yet and status case havent change..Im worrying that my k1 visa expired already this june.Is it going to affect my AOS apply? ?

[Moslund 94]

Havent receive EAD yet and status case havent change..Im worrying that my k1 visa expired already this june.Is it going to affect my AOS apply? ?

Your k1 expires at port of entry it's only good at allowing you entrance into the country... The date on the visa gives you a 6month window to enter the country that's all that date means... Once entering the country that's when the 90days starts ticking for you to get married Aslong as you married within them 90days everything is fine

[Dhess 0]

Ohh thats good i thought we need to settle all already before the visa expired.coz my visa expired june2 and then after biometrics no update yet and im thinking if its going to be a problem..Thank you?

[pantonia 39]

Ohh thats good i thought we need to settle all already before the visa expired.coz my visa expired june2 and then after biometrics no update yet and im thinking if its going to be a problem..Thank you?

Yeah, as long as you marry and file for AOS withing the 90 days of entry, you are fine. That allows you to stay until your Green Card is approved or denied. What you should carry with you to prove that you are allowed to stay is: your passport, your I-94 and your NOA saying that the Adjustment of Status has been received and is being processed.

[pantonia 39]

When called I got a 1st person to whom i explained my case (that i called a 1st time, that i've been directed to the field agency for an infopass, that the agent who received me for the infopass didn't help much and redirected me to the national center, so I am back at square 1). He felt for me but couldn't do anything, so he transferred me to tier 2 who has access to my case and hopefully an more precise informations about the RFIE.

Note that when i was transferred no one was available (waiting estimated to be 51 min) and they set a callback. Had to wait for 2 hours before they actually call be back.

Hang on!

thank you! I'll call friday so I can use my husband's phone, lol. at least 50 minutes is what I'm used to dealing with when I call them and I don't have unlimited minutes on my phone hahaha