Filed i485, i30, not i765...DACA, lost job, input please!

[GandG 1]

Hello,

I was hoping to get a little input on our case...I've been reading this forum nonstop the past week & have learned so much. It's a wonderful source.

My Wife is from Mexico. We filed our i485 & i30, received receipt of its arrival in Chicago on July 1, 2016. We neglected to file her i765. We did not know this until we found this forum that it was necessary, free, and prudent to do so. Her biometrics was completed on 8/1. Her status online (that I check daily...) has remained at the "you will receive a notice/schedule interview" stage since 8/1.

This would not be a problem; however, once we noticed that the i765 was not filed, we are soo concerned, feel stupid, regretful, ignorant, and just sick, honestly. We were too trustful of the paralegal who helped us file.

Anyhow. What now?

- Is it even worth filing it now?

- The priority date listed on the uscis processing site for Las Vegas hasn't been updated since August. I have no idea where we are in the queue.

- I made an infopass appointment. Is this appropriate? Will it help?

Most importantly, my Wife was forced to relinquish her job, due to her work eligibility expiring (DACA).

Is there anything we can do?

Thank you...

Info greatly appreciated.

[GandG 1]

Sorry. i130*.

[EM_Vandaveer 2,417]

Has she entered the country legally? If she EWI, she is ineligible for AOS.

[GandG 1]

Yes, of course. She entered legally. She was on work visa previously...

[EM_Vandaveer 2,417]

File I-765 with a copy of the NOA1 for the I-485. It's free. She should receive her EAD in 90 days.

[GandG 1]

So there's no way to possibly expedite the process?

It was a shock to learn of the discrepancy/the lack of i765 filing, and the loss of her job.

[EM_Vandaveer 2,417]

So there's no way to possibly expedite the process?

It was a shock to learn of the discrepancy/the lack of i765 filing, and the loss of her job.

Once it's filed, it can be expedited if she has a written job offer.

[GandG 1]

We were waiting for the EAD, only to discover it was never filed with the other two!

[zuluweta 250]

How did she qualify for DACA if she entered the U.S. on work visa??? Wouldn't she be too old for DACA?

[GandG 1]

Sorry for the confusion. She entered under a tourist visa then got her DACA to work. It literally just expired within days, and obviously we filed for her AoS back in end of June. We got married last July.

[GandG 1]

I might have been inaccurate by saying work visa? But she had legal employment authorization & a special designation on her state ID, after a lawyer helped her with her DACA case. This was before we married, but was obviously still current for her to work until now.

[GandG 1]

I think the difficulty might be in getting a new "job offer", given that they forced her to basically quit due to her inability to prove work authorization. She worked there legally & happily for almost 3yrs. They are trying to keep the position open for her; however, it would be starting completely over with the company. It feels so unfair. They did not even give us 30 days to try to remedy what we didn't even know wasn't submitted properly.

[EM_Vandaveer 2,417]

No expedite without job offer.

[GandG 1]

Okay, we try that route. Thanks a ton!

[Anitafeliz 1,133]

I think the difficulty might be in getting a new "job offer", given that they forced her to basically quit due to her inability to prove work authorization. She worked there legally & happily for almost 3yrs. They are trying to keep the position open for her; however, it would be starting completely over with the company. It feels so unfair. They did not even give us 30 days to try to remedy what we didn't even know wasn't submitted properly.

The business can loose business license face fines....