AOS taking 2+ years?!

[Coraliine 1]

Hi everyone. So my husband moved to the US in February of 2016 and we got married and filed the AOS from a K1 in June. In August they sent a RFE to which we gave them what they wanted. Did the biometrics. Then it was radio silence.

 

In May we moved to California from NY and we did the change of address/transfer thing. Now the USCIS is telling us that his case is going to take an additional 12-18 months because of it?! And his temporary work permit is set to expire at the end of August and they're saying that in order to extend it we have to pay $410 to refile and that it will take up to 90 days. That's completely at odds with what my Congressman told me, he said that it just gets extended immediately until the AOS is complete.

 

Anyone have any experience with this? I'm at my wit's end.

Edited July 30, 2017 by Coraliine

[p-ana 933]

If you guys moved to ny, you should expect more time to get an interview, if you do get one, ny offices are super back logged.

 

as for the ead, you can renew it with no fee, if you send your package with the i485 noa1, to show you still have a pending aos case and therefore have the ead fees waived

 

edit: I think that might be a new uscis "rule" extending ead automatically but I'd go ahead and file for a renewal anywY

Edited July 30, 2017 by p-ana

[Coraliine 1]

2 minutes ago, p-ana said:

If you guys moved to ny, you should expect more time to get an interview, if you do get one, ny offices are super back logged.

 

as for the ead, you can renew it with no fee, if you send your package with the i485 noa1, to show you still have a pending aos case and therefore have the ead fees waived

We moved to California from NY. And they are working on cases from November/December. So they're not as backlogged as NY.

 

Is there still a 3-6 month processing time for that? My husband could lose his job.

Edited July 30, 2017 by Coraliine

[p-ana 933]

9 minutes ago, Coraliine said:

We moved to California from NY. And they are working on cases from November/December. So they're not as backlogged as NY.

 

Is there still a 3-6 month processing time for that? My husband could lose his job.

Sorry, I read it wrong. You should be getting in line for interview, if you do get one, and should be called within their processing times. 

As for the ead, it's taking 3-4 months now to get a new one, but as I said, uscis came up with an automatic extension https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

so he should be good if he applies for a new one before the one he has expires

Edited July 30, 2017 by p-ana

[Coraliine 1]

1 minute ago, p-ana said:

Sorry, I read it wrong. You should be getting in line for interview, if you do get one, and should be called within their processing times. 

As for the ead, it's taking 3-4 months now to get a new one, but as I said, uscis came up with an automatic extension https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

so he should be good, but to be on the safe side, I'd apply for renewal anyway

Are we put at the back of the line for it? Does anyone know how that works?

 

Do we need to do anything for the automatic extension?

 

The renewal costs $410. We don't have that kind of money...

[p-ana 933]

1 minute ago, Coraliine said:

Are we put at the back of the line for it? Does anyone know how that works?

 

Do we need to do anything for the automatic extension?

 

The renewal costs $410. We don't have that kind of money...

Please read

4 minutes ago, p-ana said:

As for the ead, it's taking 3-4 months now to get a new one, but as I said, uscis came up with an automatic extension https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

so he should be good if he applies for a new one before the one he has expires

 

14 minutes ago, p-ana said:

as for the ead, you can renew it with no fee, if you send your package with the i485 noa1, to show you still have a pending aos case and therefore have the ead fees waived

 

From what I can understand you should be interviewed, if you do get an interview, within the processing times of your new office.

[Scandi 4,180]

You file for a reneweal of the EAD just like you did the first time you applied for the EAD. It doesn't cost you a dime more than the shipping cost when you have a pending i-485. Therefore you need to send a copy of the i-485 NOA1 as proof of pending i-485. You can slso print out the i-765 instructions and highlight the part where it says that the i-765 is for free and send that in as well.

 

Also, if you file for your new EAD before the old one expires they automatically extend your EAD with 180 days, meaning you can still keep working even after the expiration date.

[geowrian 22,338]

2 minutes ago, Coraliine said:

Do we need to do anything for the automatic extension?

 

The renewal costs $410. We don't have that kind of money...

Yes. You still need to file for the renewal.

 

As noted above, send a copy of the NOA1 from the I-485 instead of payment. The fee is waived if you provide proof of having a pending AOS application.

[Ebunoluwa 6,136]

53 minutes ago, Scandi said:

You file for a reneweal of the EAD just like you did the first time you applied for the EAD. It doesn't cost you a dime more than the shipping cost when you have a pending i-485. Therefore you need to send a copy of the i-485 NOA1 as proof of pending i-485. You can slso print out the i-765 instructions and highlight the part where it says that the i-765 is for free and send that in as well.

 

Also, if you file for your new EAD before the old one expires they automatically extend your EAD with 180 days, meaning you can still keep working even after the expiration date.

This ^^

[Coraliine 1]

All right, thanks everyone. I did exactly as suggested, printed the directions, highlighted it. Included a copy of the NOA1 of I-765, as well as a copy of the letter granting him his first EAD.

 

His expires at the end of the month and I sent it in, certified, on Thursday. The envelope was supposed to arrive yesterday, but it wouldn't be the USPS without a delay. I'm waiting to hear back from them, but hopefully it arrives today.

 

As long as it arrives and we receive the notice of receipt we're good, right? Or does the USCIS need to physically open it to have it considered a "timely filing"? My worry now is that they may not actually open it and log it until September, which would technically make us overdue.

 

This whole process is such a nightmare. D=

 

We'll approach my husband's employer (also my employer) with the original EAD and his NOA once it arrives to ensure his continual employment.

Edited August 15, 2017 by Coraliine

[Ebunoluwa 6,136]

2 hours ago, Coraliine said:

All right, thanks everyone. I did exactly as suggested, printed the directions, highlighted it. Included a copy of the NOA1 of I-765, as well as a copy of the letter granting him his first EAD.

 

His expires at the end of the month and I sent it in, certified, on Thursday. The envelope was supposed to arrive yesterday, but it wouldn't be the USPS without a delay. I'm waiting to hear back from them, but hopefully it arrives today.

 

As long as it arrives and we receive the notice of receipt we're good, right? YES, Or does the USCIS need to physically open it to have it considered a "timely filing"? My worry now is that they may not actually open it and log it until September, which would technically make us overdue.

 

This whole process is such a nightmare. D=

 

We'll approach my husband's employer (also my employer) with the original EAD and his NOA once it arrives to ensure his continual employment.