February 2017 AOS Filers

[Californiansunset 334]

7 hours ago, relash1007 said:

Hey guys i have a question, i filed for aos on feb 21, sometime in march i got a rfe, i mailed it in and my case was changed to ready for an interview on april 17. I also sent in the ead with my aos, i have still not heard back from that . I called the uscis and they said since i got a rfe my ead starts from the beginning and wouldnt submit a service request. 

Is this true? Am i going to have to wait 3 more months! Cause im seeing a lot of people that had rfe get their ead cards already

Hey I shared my experience in the March AOS forum a week ago:

 

So a little update that might be helpful with people who got RFIE and thus can't do a service request because their processing time started from 0 when they submitted the documents:

I called USCIS on day 77 (last Monday) of when they had received my application. Asked whether I can do a service request but had to answer the questions "Have you had a RFE or RFIE for this application or any concurrently filed applications?" with a yes. Then was told that my day starts from 0 again when USCIS got my papers and the usual bla bla. 

 

So today I read from another VJ User that she got a RFIE as well, even called USCIS and was told that it won't affect her EAD processing times and got her EAD within 70 days. Thought that was pretty unfair (but really what is fair in this process?!) that our cases get handled so differently despite both having a RFIE and thought I'd give it another try. Called USCIS, got the same questions/answers as the first time and hang up since I wasn't allowed to do a service request yet. 

 

So I called again. Next time I called I started completely different asking whether RFIE from another application affect my I-751. The lady said no so I thought she is perfect to try to get a service request. I got her a little confused or it might be also because she wasn't well trained (what I think was the case) but she assured me that the RFIE on the I-485 won't affect my I-751 processing time (weird that the other two ladies said it would but okay). After I got that answer I said I would like to do a service request with my case pending for 80 days now. She started asking a bunch of questions and then got to the same moment were they read the eligibility questions of their monitor and always ask "Have you ever gotten a RFIE or RFE...etc?" This is when she should've noticed her mistake and that the RFIE does affect the I-751 and that I can not do a service request. She hesitated for a little bit, even asked whether she can put me on a brief hold (30 seconds) because I think she noticed her mistake and got comfused. I told her that I got a RFIE for my I-485 but not my I-751 and she, although reluctant, was happy enough with that answer to finish my service request after I said I think it's odd how others get an RFIE and it doesn't affect their EAD but for me it does. We just had a friendly talk and I think she just wasn't knowledgeable enough to know that I should've not gotten a service request yet. 

 

Moral of the story: Keep on trying to call USCIS until you get someone who is willing to help. Every case is handled differently and so are the answers you will get from each USCIS service representative you will get on that line when you call. After the third try I got my service request, even with RFIE. 

[Californiansunset 334]

8 hours ago, VividDreamer said:

I Just wanted to pipe up that this isn't necessarily true! We all know how USCIS gives different answers to people all the time. Don't lose hope!

 

I have a friend who is an immigration lawyer, he told me a while ago that receiving an RFIE (for my marriage certificate they already had -_-) on the AOS application wouldn't affect my EAD processing.

 

I just got EAD notification today of card production at day 102 from initial application.

 

Package sent: Feb 13th
Received: Feb 16th
NOA1 date: Feb 22nd
Biometrics: March 22nd
RFIE on AOS: March 31st
RFIE response received: April 25th
EAD service request: May 19th (Note: this request is still showing as having not been assigned for processing)
EAD "Card Production": May 26th

 

I'm so happy I started crying when I got the email notification. Not working has been so stressful; not only financially but I've been feeling almost depressed with nothing to do. I'm a nurse - it's in my blood to need to help people!

 

Good luck to everyone still waiting. I totally understand how helpless you feel.

I don't know according to the official USCIS website a RFIE reverses the processing time and in the end I would obviously believe that since they are also the ones processing your case. That being said there are of course also exceptions with people who still get them within a normal processing time even with RFIE, but there are exceptions everywhere... some people just get lucky. Some people send in outdated forms and have their application refused others did the same and their application is getting processed, others only submit 2 passport pictures for their AOS instead of the requested 6 and get a RFIE, others who do the same mistake doesn't get one. There will always be exceptions but in the end I would always go with what the official USCIS website says and they say RFIE reverse the processing time. I constantly read of lawyers being wrong so I wouldn't doubt the USCIS website. 

[VividDreamer 15]

41 minutes ago, Californiansunset said:

I don't know according to the official USCIS website a RFIE reverses the processing time and in the end I would obviously believe that since they are also the ones processing your case. That being said there are of course also exceptions with people who still get them within a normal processing time even with RFIE, but there are exceptions everywhere... some people just get lucky. Some people send in outdated forms and have their application refused others did the same and their application is getting processed, others only submit 2 passport pictures for their AOS instead of the requested 6 and get a RFIE, others who do the same mistake doesn't get one. There will always be exceptions but in the end I would always go with what the official USCIS website says and they say RFIE reverse the processing time. I constantly read of lawyers being wrong so I wouldn't doubt the USCIS website. 

I see your point but still partially disagree; the exact wording on their website doesn't dictate that an RFIE for a different application (ie RFIE for I-485) affects the I-765. If you read the page as it's written at https://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

it never mentions evidence requests for other applications (well, it does, but not for I-130 or I-129F adjustments that are the majority of this forum); that link is written as for the 765. I'd also point to the post directly above yours as more evidence that USCIS staff constantly tell us different things depending on who you get and that things there don't always seem to go "by the book." There are also plenty of people in this forum who've gotten RFIEs and still gotten their EAD in a reasonable timeframe.

 

The only other factor I can determine that would be any different in my particular situation is that in my RFIE reply I wrote a cover letter (advised by said lawyer friend) that explained that the evidence they were requesting of me was already included in the original package, explained exactly where in the package it could be found, and that I was complying with their request by providing a second copy. Maybe this meant they re-evaluated my package and treated it as a regular RFE and not as an RFIE, thus delaying and not resetting. Again, hard to say as there's not really any way to know exactly what USCIS is doing with our applications at any given time.

 

Regardless, it's happened both ways so I still would advise people to keep their spirits up

[Californiansunset 334]

7 hours ago, VividDreamer said:

I see your point but still partially disagree; the exact wording on their website doesn't dictate that an RFIE for a different application (ie RFIE for I-485) affects the I-765. If you read the page as it's written at https://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

it never mentions evidence requests for other applications (well, it does, but not for I-130 or I-129F adjustments that are the majority of this forum); that link is written as for the 765. I'd also point to the post directly above yours as more evidence that USCIS staff constantly tell us different things depending on who you get and that things there don't always seem to go "by the book." There are also plenty of people in this forum who've gotten RFIEs and still gotten their EAD in a reasonable timeframe.

 

The only other factor I can determine that would be any different in my particular situation is that in my RFIE reply I wrote a cover letter (advised by said lawyer friend) that explained that the evidence they were requesting of me was already included in the original package, explained exactly where in the package it could be found, and that I was complying with their request by providing a second copy. Maybe this meant they re-evaluated my package and treated it as a regular RFE and not as an RFIE, thus delaying and not resetting. Again, hard to say as there's not really any way to know exactly what USCIS is doing with our applications at any given time.

 

Regardless, it's happened both ways so I still would advise people to keep their spirits up

Source:

https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization

 

"One exception to this rule is if USCIS requires initial or additional evidence. If initial is evidence is requested, the processing time will start from zero upon receipt of the requested evidence. If additional evidence is requested, the processing time limit is extended by the amount of time it takes for you to receive the request for evidence and respond to it. Also, the processing time is extended when a request for evidence is issued for any form filed concurrently with Form I-765."

That's what I found. The last sentence is important. 

And I also explained why I think some ppl still stay in the normal processing time frame even when a RFIE was issued. There will always be exceptions just how there are exceptions with other things in the immigration process. Some people just get lucky 🍀 😊

[TL2016 208]

I honestly think that those affected by the RFIE delay and / or rejections are just a vocal minority. You don't hear from those people with cases where everything goes right so of course the negative experiences get reported on. 

[robertoemslabs201 0]

My son got his EAD on the 68 Day regardless we got a RFIE for our I-485 and yes I think every case is different.

AOS is still showing they received the response thats it but at least I have his EAD SS and California ID and we are just waiting for the interview.

 

Interview is really far I believe most likely September or August.

 

Wish all people here the best and updates in your cases soon.

 

[Californiansunset 334]

9 hours ago, TL2016 said:

I honestly think that those affected by the RFIE delay and / or rejections are just a vocal minority. You don't hear from those people with cases where everything goes right so of course the negative experiences get reported on. 

Yeah so the USCIS website states it just for fun that if you get an RFIE for a concurrently filed application your I-765 processing time gets turned to 0. 🙄

Dude it's whatever... 

 

[TL2016 208]

12 minutes ago, Californiansunset said:

Yeah so the USCIS website states it just for fun that if you get an RFIE for a concurrently filed application your I-765 processing time gets turned to 0. 🙄

Dude it's whatever... 

 

I told you this before and I stick with that opinion. You seriously can't use logic when it comes to USCIS. Why do some people have to wait over a year for their green card while others get theirs in 4 months, both without an interview? Why do some expedite requests get denied while others get approved for the same exact reason? Why does the person above your post get their EAD in less than 70 days with an RFIE while others have to wait 120+ days? Why does person 1 get selected for an interview when person 2 doesn't and their cases are almost the same? Why did my EAD expedite request get approved when you were almost certain that it won't?

Obviously what USCIS is doing is working for you because you seem to believe whatever they say online. But as it's been proven time and time again, it's mostly a minority that have to deal with these issues because those who don't have to deal with them don't report anything back. If only there was a statistic that shows the average time between EAD NOA1's and approvals for those WITH RFIE's. I'm sure most of the people are well within the average time frame.  

 

It's really just a thing for USCIS to rely on in case they fall behind on processing times, which happens quite a lot. The same goes for literally every official agencies out there. It's to protect themselves from constant calls, emails and unsatisfied and impatient customers. 

 

Why did I get my new SSN in 3 days when it's supposed to take 14 days officially? Why didn't I get my NY drivers license yet when it states I should've gotten it a long time ago? Why do some people get RFE's and RFIE's for things others got away with? Why did some petitions with expired forms get rejected while people like me got theirs accepted? And the list goes on my friend.

[VividDreamer 15]

On 05/27/2017 at 10:43 AM, Californiansunset said:

Source:

https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization

 

"One exception to this rule is if USCIS requires initial or additional evidence. If initial is evidence is requested, the processing time will start from zero upon receipt of the requested evidence. If additional evidence is requested, the processing time limit is extended by the amount of time it takes for you to receive the request for evidence and respond to it. Also, the processing time is extended when a request for evidence is issued for any form filed concurrently with Form I-765."

That's what I found. The last sentence is important. 

 

You're right, the last sentence is important:

"Also, the processing time is extended when a request for evidence is issued for any form filed concurrently with Form I-765."

 

18 hours ago, Californiansunset said:

Yeah so the USCIS website states it just for fun that if you get an RFIE for a concurrently filed application your I-765 processing time gets turned to 0. 🙄

 

 

That doesn't say reset. You're assuming reset because of that written connection but if taken literally, that's not what it says.

I'm not here to argue with anyone; I'm here to contribute my situation and give hope to others in the same shoes. I'm just putting forward that the information given on USCIS's website is not always consistent or true just because it's there. It should be, by all means, but there are constant variations in their processing methods and timeframes, and it seems alot of it is, as TL2016 above me said, to make sure they have their bases covered from complaints if they get backlogged.

My entire point is people shouldn't give in to despair and resign themselves to an extra 3 months of processing because of a sentence written on a website that can be interpreted in more than one way. People can and should still have hope otherwise.

[Soflatlndr 55]

Hi Guys! Does anybody know if the EAD can be used as a valid form of ID?

[Lezzyme1979 38]

4 hours ago, Soflatlndr said:

Hi Guys! Does anybody know if the EAD can be used as a valid form of ID?

My wife uses it before she got her greencard. And they didn't have any problem with the EAD.

 

Now she uses her greencard.

[shayden10 78]

17 hours ago, Soflatlndr said:

Hi Guys! Does anybody know if the EAD can be used as a valid form of ID?

I use my EAD as my primary form of ID right now, we are supposed to carry something that identifies our current status so I am already carrying it. I have used it at multiple places as ID, I have never been refused anything however I have had people ask what it's purpose is. A lot of people have never seen one before. I will complete my final test for my drivers license in July, at which point I will begin using my license when asked for ID in places like bars. But I will continue to carry the EAD until I get my green card. One of my friends who went through this process also used his EAD as his ID to board a domestic flight, however I haven't tried that. Out of habit, I take my passport on all of my travels. 

[Soflatlndr 55]

17 hours ago, Lezzyme1979 said:

My wife uses it before she got her greencard. And they didn't have any problem with the EAD.

 

Now she uses her greencard.

 

4 hours ago, shayden10 said:

I use my EAD as my primary form of ID right now, we are supposed to carry something that identifies our current status so I am already carrying it. I have used it at multiple places as ID, I have never been refused anything however I have had people ask what it's purpose is. A lot of people have never seen one before. I will complete my final test for my drivers license in July, at which point I will begin using my license when asked for ID in places like bars. But I will continue to carry the EAD until I get my green card. One of my friends who went through this process also used his EAD as his ID to board a domestic flight, however I haven't tried that. Out of habit, I take my passport on all of my travels. 

Thank you both, this is very helpful! I'm glad I won't have to carry my passport around.

[allyrose 31]

Hi everyone. As of today May 30th, we have heard nothing about our green card since Feb 28th. My husband has his EAD, but literally nothing about his green card. Not even an RIFE or interview date. I this isn't that unusual, but it's worrying to not hear anything at all. Thoughts? Thanks! 

[shayden10 78]

5 minutes ago, allyrose said:

Hi everyone. As of today May 30th, we have heard nothing about our green card since Feb 28th. My husband has his EAD, but literally nothing about his green card. Not even an RIFE or interview date. I this isn't that unusual, but it's worrying to not hear anything at all. Thoughts? Thanks! 

I am in the same boat. Received my EAD/AP at the end of April, no updates on the status of my green card since February 14 when it was updated to Fingerprint Fee received. 

I know it isn't unusual but I would like to know something. I'm happy I can work and travel but I any update would be nice! I am wondering what "normal" processing times are for the green card at the NBC and when it would be okay to call and ask for some kind of update?

In addition to not knowing any processing times at the NBC, my local office is Dover DE and they don't have any processing times listed at all for Dover on the website or here on VJ. I'm wondering if I might be sent to Philadelphia in the case that my AOS needs an interview. 

Any update would be nice. 🙄