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Filed: AOS (pnd) Country: India
Timeline
Posted

Hello all, 

 

I am an USC and filed AOS (I130,I485,I131,I765) of my husband from F1 (PD 3/28/17). He's currently on OPT EAD expiring 5/5/17. His biometrics is scheduled for 4/27. I understand that we can submit a job offer letter to expedite his EAD however he is in the middle of a very crucial project at work and wants to avoid getting terminated! 

1. Can we request an expedite EAD explaining the situation with a letter from the current job (not a new job offer)? 

2. Should we wait till after the biometrics to submit the request of expedite EAD? How helpful is contacting the local congressman? 

3. Can he enroll in another college and obtain CPT to continue to work? Would that interfere with the AOS application or raise any red flags?

 

Thank you!! 

Posted (edited)

1. I suggest calling them immediately to request expedite. It should have been done earlier. The justification is that he needs to maintain his work authorization to be able to avoid losing his job, and losing any related benefits that he gets through the job (health insurance, etc.), especially if there are others (wife, dependents, etc.) who get those benefits through him. I don't know if the EAD will arrive by 5/5 if you request expedite today, but I don't think you will get it in time if you wait until after biometrics.

 

2. No you shouldn't wait, and I don't know how helpful is contacting a local congressman at this point. There is already a normal process for this that should have been used, which is the expedite.

 

3. He is not going to apply, be admitted, and enroll in classes by 5/5. Also, the OPT is what you apply for after getting your degree, not while you are enrolled.

Edited by andy78
Posted

If you request expedite before biometrics they will close it out before completing it and you will have to request again. That's what happened to us. Congressman not needed.  Call and request expedite. Then, Type letter expressing financial hardship by loss of job and obtain job letter and wait for the letter requesting your expedite documentation and fax it asap with the letter they send. Good luck! 

Filed: AOS (pnd) Country: India
Timeline
Posted

Thank you for the responses!

 

The reason we didn't request an expedite is because his biometrics are not done yet and were afraid, like Scienceteacher15 mentioned that we would get shot down. 

 

 

 

 

Posted
28 minutes ago, andy78 said:

You can try to do an early biometrics walk-in to speed things, instead of waiting until 4/27. That's what I did during my AOS.

Yes, this is a good idea. Once you have biometrics letter if it is not a strict application support see if you are able to do a walk in biometrics and the day after biometrics request the expedite. We actually waited until the biometrics date and then called 2 days later after biometircs were completed and rerequested the expedite. Then, we waited for documentation request letter in mail and then sent documentation in via fax and it was approved pretty quick. It may take a little longer to get the card but in the verify system it should show authorization to work once EAD is approved.

 
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