Do unsuccessful expedites slow down processing of I-485?

[simonschus 58]

Hi all,

I am hoping to organise an InfoPass appointment after getting the NOA1 for my AOS/I-485 from a K1. I hope to apply for an expedite under the "Severe financial loss to company or person" waiver. Would requesting an expedite likely slow anything down? Or should the expedite request have no impact on timelines if if my expedite request is denied or unsuccessful?

Thanks for your help!

Simon

P.S. I am aware that some people might ask "why expedite?". I don't necessarily think it is relevant to discuss as my question is solely about the impact of an unsuccessful expedite. Nonetheless, I will pre-empt those questions. I do academic research with a number of security issues in a field of a particularly sensitive nature. As such, I cannot easily considered for a job without a Green Card and Legal Permanent Residence (an EAD doesn’t count). One department I’ve been in advanced talks with had actively asked me to apply with full knowledge of my K1 situation but recently told me on the phone that they would need an LPR Green Card holder at the very least (US Citizenship preferably but could apply for a waiver with Green Card). This is common in my research field. Until I get a Green Card, I am not easily able to secure a job in my field until I get a Green Card and I was willing to see if this is eligible for the I-485 "Severe financial loss to company or person” waiver. The problem would be documentation, I admit but I might be able to get some evidence of the struggle and potentially written policies. I really hope that my post doesn't irk anybody or attract anger. This isn’t a queue jump for the sake of queue jumping. It is realistic possibility that taking a year out from the research field would be detrimental in the short-term for career prospects in my field. I know the counterargument is that I can look outside my field in the interim.

[Hypnos 6,578]

You can try; the worst they can say is "no".

If your expedite was denied, your case would continue under normal processing times.

A successful expedite requires good documentation as to why you need it; they certainly won't take your word for it.

[JFH 12,191]

No harm in trying. Who knows whether it would slow anything down until it's done? Hard to tell.

Although begs the question why you didn't go down the CR-1 route which would mean you are an LPR from the minute you walk through the airport immigration hall on arrival? Being able to work in my chosen field immediately was very important to me which is why we have gone down this route. Just playing devil's advocate really, as this may be what the adjudicator also thinks when they see a request for expedite based on immigration status and your chosen job field.

It seems to me the K-1 was not the best choice?

Edited April 27, 2016 by JFH

[Hypnos 6,578]

My gut instinct says that your reasons are not compelling enough, both for those mentioned above (you knew this going in, before applying for the K-1), and others.

But then, it's not me you have to convince. Supply good documentation and who knows.

Edited April 27, 2016 by Hypnos

[Boiler 45,930]

Get a job which just needs EAD?