Pending AOS...OPT EAD expiring soon..

[asprila94 0]

Hello...

 

I am new here....

 

Currently on F-1 OPT. OPT expires October 13, 2017. On March, I married my U.S. citizen boyfriend.

We filed AOS and Travel documents on June 30, 2017.

A month ago, I have been notified by my HR to present a new unexpired work permit to keep my employment.

I am anxiously waiting for news from USCIS regarding my EAD…..In 20 days I need to get my EAD card in hand. Otherwise, I might be jobless :((

Also, I have made flight reservation and plan to go back to my county to have a wedding at the end of December!!

I am super worried if I do not get my combo card soon. My job…my wedding… ARGHH

Does anyone here have the same job situation as mine? What should I do/ my employer does in this situation?

Can I still be working WITHOUT PAY (more like a volunteer job) after my OPT expires if my employer let me does that until I get my EAD? What’s y’all recommendation? I just feel bad to my employer because I have not worked for a year yet, and will be taking leave for wedding..  and plus I might need to take unpaid leaves for indefinite time until I get my EAD…

 

Here’s my timeline

30-Jun-2017	Filed AOS package
5-Jul-2017	USCIS received fingerprint fee for I-485
6-Jul-2017	Received I-797 Receipt Notices
15-Jul-2017	Received Appointment for Biometrics Notice
26-Jul-2017	Received RFE Notice (I-131A. Somehow lawyer forgot to send it together with I-485). Sent the I-131A on Sept 28.
3-Aug-2017	Did Biometrics
8-Aug-2017	RFE was received by USCIS
11-Sep-2017	Called USICS to expedite EAD/AP
12-Sep-2017	USCIS: Expedite request was assigned to an officer. Referral ID: T1*****. We sent a response to your request to have your case expedited. Another update: your request to have your case expedited was completed
18-Sep-2017	Called USCIS regarding the expedited case status. Told me they sent an email requesting proof of severe financial loss on September 13. But I did not get the email. So turned out there was a misunderstanding in communication. Officer whom I spoke with on Sept 11 misspelled my email address.
20-Sep-2017	Sent a fax to congressman regarding EAD case

 

 

 

[geowrian 22,337]

No, you cannot work even without pay once your work permit expires and your AOS-based EAD is not issued. Any work is not permitted. Hopefully they expedite your case and approve it soon. You can technically work once the case is approved (assuming the employer is fine without seeing the physical card yet).

 

Not much to say on the wedding...hopefully they issue your AP before the wedding. Never purchase tickets until AP is in hand.

 

Good luck!

[sweetadams 138]

12 minutes ago, asprila94 said:

Hello...

 

I am new here....

 

Currently on F-1 OPT. OPT expires October 13, 2017. On March, I married my U.S. citizen boyfriend.

We filed AOS and Travel documents on June 30, 2017.

A month ago, I have been notified by my HR to present a new unexpired work permit to keep my employment.

I am anxiously waiting for news from USCIS regarding my EAD…..In 20 days I need to get my EAD card in hand. Otherwise, I might be jobless :((

Also, I have made flight reservation and plan to go back to my county to have a wedding at the end of December!!

I am super worried if I do not get my combo card soon. My job…my wedding… ARGHH

Does anyone here have the same job situation as mine? What should I do/ my employer does in this situation?

Can I still be working WITHOUT PAY (more like a volunteer job) after my OPT expires if my employer let me does that until I get my EAD? What’s y’all recommendation? I just feel bad to my employer because I have not worked for a year yet, and will be taking leave for wedding..  and plus I might need to take unpaid leaves for indefinite time until I get my EAD…

 

Here’s my timeline

30-Jun-2017	Filed AOS package
5-Jul-2017	USCIS received fingerprint fee for I-485
6-Jul-2017	Received I-797 Receipt Notices
15-Jul-2017	Received Appointment for Biometrics Notice
26-Jul-2017	Received RFE Notice (I-131A. Somehow lawyer forgot to send it together with I-485). Sent the I-131A on Sept 28.
3-Aug-2017	Did Biometrics
8-Aug-2017	RFE was received by USCIS
11-Sep-2017	Called USICS to expedite EAD/AP
12-Sep-2017	USCIS: Expedite request was assigned to an officer. Referral ID: T1*****. We sent a response to your request to have your case expedited. Another update: your request to have your case expedited was completed
18-Sep-2017	Called USCIS regarding the expedited case status. Told me they sent an email requesting proof of severe financial loss on September 13. But I did not get the email. So turned out there was a misunderstanding in communication. Officer whom I spoke with on Sept 11 misspelled my email address.
20-Sep-2017	Sent a fax to congressman regarding EAD case

 

 

 

First and foremost....sorry for the miscommunication. I would suggest you call and speak with a Tier 2 Officer. In quoting your email...use words like A for Apple or if you know the military version, then use that one. Some officers don't like you spelling your last name, they want it called. But for the email, use this method.

Two, show your employer HR, the NOA for your EAD ( I-765), though it is not a proof, you can suggest they let you volunteer till you get the card.... depending on how valuable you are to them....they might let you.......

About the wedding outside the USA, for now i would suggest you push it back, one...you don't have EAD/AP and cannot travel on your OPT card. So might not be allowed back in if you leave before the EAD/AP is approved and in hand.

You can file for OPT extension if you qualify for that through the school. I don't know if your current status might permit that since you have applied for AOS.

You can ask the DSO.....

Finally, relax and be patient....there will be job for you even if not with this current employer. 

[usmsbow 801]

Make an infopass appointment, bring whatever documentation you can. They should be able to help out. 

[xillini 71]

What is RFE about? You did it with an lawyer, who forgot to include important documents? 

I think depending on the RFE's issues, it can be expedited fast or not. 

 

I did my EAD/AP expedited in similar situation like you (about 40 days left to my OPT EAD expiration) and successfully get this expedited. It took me 3 weeks though.

Plus, surprisingly after requesting help to Congressional help, we were even scheduled to have the interviews followed by successful Green card. So the chance is it is fairly open for success. Don't lose hope. 

 

Lastly, it seems that your employer does not let you do volunteer works considering that your HR even informed you to present the new work permits in prior to a few month of OPT EAD expiration. Generally, HR is very conservative to let the volunter works and they HATE the risk by letting you do volunteer works, which can be subject to violation of laws and all associated potential legal claims both from you or Department of Labor (HR thinks they can always replace you as there are many job applicants pleasantly seeking for employment, and especially if the employer is a big gigantic corporate). 

 

So I would recommend do your best to get EAD/AP expedited. 

At least, next monday, I would suggest to follow up with your congressional office to see if there is a new updates and if not, give a call to T2 officer to deliver the urgency of your circumstances. 

[asprila94 0]

Thank you everyone for the advice and information.

I will patiently wait for a response from the Congressman and USCIS. I hope I will get further information regarding my case, whether they resume my case or put in back on the queue.

I was so naïve thinking that everything will go smoothly. I thought I will get my new EAD card on time (my first EAD’s process was rather fast). I guess not :<

I thought USCIS processes EAD and GC differently. After I read some other threads, I realize they need to accept I-130 and I-485 first before issuing EAD card lol

 

Oh, I just realized I had a typo! The RFE is about I-130A (Supplemental Information for Spouse and Beneficiary). How did my lawyer forget to submit it..  it's his job though tsk tsk tsk...

 

How to know if I speak to T1 or T2 officer? Do I need to ask to transfer my call to T2 officer?

[xillini 71]

National Benefit Center (NBC) located in Lee's Summit is first-hand responsible for issuing EAD after they carefully review applications. In general, cases that requires interviews (like marriage based AOS) are sent here. 

 

When you make a call to USCIS customer service center, put your case number to see if there is any updates, which you can access online, but the next option you can choose is to speak customer representative. When you are connected to representative, just ask if you can be transferred to L2 officers, which you will be. But since there is already longline, they give you a return call. 

 

My experience was it took me around 20-30 minutes in early morning (8 -9 AM in Western time) while it took me almost 3 hours (6-7 PM in Western time). Since they are located in Western coast, you also wanna make sure the time in Western time. Politely ask if there is any updates and delivers your concerns and circumstances. 

 

When I requested expedite to USCIS based on personal financial loss for EAD, 

I highly emphasized my USC's spouse was insured under my generous employer's plan with record of accessing healthcare practioners as well as my paycheck is high portion of paying living expenses. I also attached my employer's letter specifically stating that they would like to continue working with me beyond my OPT EAD and therefore request USCIS to make favorable decisions with my direct supervisor's letter of recommendations. 

 

The thing is some law practioners believe OPT EAD is no longer eligible when one applies to AOS because OPT EAD is privileges of non-immigrant status visa holder. But having officially signed AOS (I-485 and I-130), one has shown intention of immigration, and therefore one may be no longer eligible for non-immigrant status and finally not eligible privileges of non-immigrant status such as OPT. 

At least, that is what I was told when I talked to my school's student advisor, who refused to recommend STEM OPT

 

Funny thing was I made appointment with DSO just to go through I-765 STEM OPT. We went through to go over I-765 for 20 minutes. Then I was like "well, although I applied I-485, I still want to remain legal status in US in case it takes longer" and he cut me off there and asked me more about my pending I-485. Then he said I am not eligible to apply STEM OPT although he would like to talk to his supervisor, who confirmed non-eligibility of STEM OPT later that day (Fortunately, I was scheduled for interviews during grace period and a day after the inte rview my case was approved, therefore, I did not have to worry about illegal status or overstay status, although I do know the pending I-485 would give still valid status until USCIS makes final decisions, but it is completely different socio-effect because I would not be able to drive without valid EAD and DMV does not accept I-797 receipt to issue any driver license). 

 

Good thing is there is no specific regulations or administrative guidelines, so it really depends on case-by-case, (meaning there is no rules: if one is lucky, one will get it, but if not, unfortunately, sorry)

 

Good luck!

[geowrian 22,337]

1 hour ago, xillini said:

The thing is some law practioners believe OPT EAD is no longer eligible when one applies to AOS because OPT EAD is privileges of non-immigrant status visa holder. But having officially signed AOS (I-485 and I-130), one has shown intention of immigration, and therefore one may be no longer eligible for non-immigrant status and finally not eligible privileges of non-immigrant status such as OPT. 

At least, that is what I was told when I talked to my school's student advisor, who refused to recommend STEM OPT

Applying for AOS doesn't invalidate any existing immigration benefits you have or are using. However, you very likely cannot leave and re-enter on the visa due to immigrant intent (and the AOS application would be abandoned).

 

However, once you obtain and use the EAD or AP from the pending AOS, you are now bound by those terms. So, say your AOS is denied but you used the EAD to work at some point. At that point, your AP and EAD is canceled and your old status is gone as well, so you can no longer (legally) work even iff your OPT would have still been valid. The same would a happen if you left and re-entered on AP - you would no longer be allowed to work until the EAD is approved. Basically, once you use a benefit from the AOS application, you can no longer use your old status.

Edit: I'm assuming there are some exclusions to the above, such as H, L,, and a few other types of visa holders.

Edited September 24, 2017 by geowrian

[milkypoochie 3]

Hi Asprila,

 

First thing to note is that because you have received a RFE, your application date is reset to  Aug 8, the date USCIS received your RFE.  which means your application is in process for only a little over a month. As such, USCIS and mosg resources will often use the excuse that your application is within normal processing time.  

 

I have never tried the expedition process with USCIS, hopefully it works for you.  If it doesn't turn out, however, I'd suggest you try filing an assitance request with the USCIS ombudsman office and email then an expedition request to see if they are willing to speed up things for you. Their website is https://www.dhs.gov/case-assistance. Fill in and submit the electronic application form, then email them requesting expedition with supporting documents.  You cam call them from time to time for case update.  They have a direct line, so no push button vm.

 

Good luck!

 

Best,

J

[geowrian 22,337]

3 hours ago, milkypoochie said:

First thing to note is that because you have received a RFE, your application date is reset to  Aug 8, the date USCIS received your RFE.  which means your application is in process for only a little over a month. As such, USCIS and mosg resources will often use the excuse that your application is within normal processing time.

Depends if it was an RFE or RFIE. An RFIE resets the clock for AP and EAD, whereas an RFE only pauses it.

Edited September 24, 2017 by geowrian

[asprila94 0]

They requested RFIE... So I guess my case is reset to Aug 8th. Well, then all I can do is waiting

 

Anyway, thank you everyone for the support! Will update this thread if I heard news from the USCIS. 

[asprila94 0]

GUYS!!!! I just received a notification from the USICS for my EAD that...."New Card Is Being Produced"

OMG I am soooo happy! I called the USCIS yesterday and spoke to an officer asking if they have received the proof of severe financial loss that I sent via fax. But the lady said I have to wait up to a month to get a notification and there is nothing she can do right now since she can't check on that. And literally an hour ago I just checked the USCIS website, but no updates. 

Then, ta da... my new card is arriving soon  USCIS is unpredictable lol

[asprila94 0]

I received my Combo card on October 6th (YAY!). Although the case status keeps showing 'New Card is Being Produced'. 

[Mikky19 2]

On 9/22/2017 at 2:13 PM, asprila94 said:

Hello...

 

I am new here....

 

Currently on F-1 OPT. OPT expires October 13, 2017. On March, I married my U.S. citizen boyfriend.

We filed AOS and Travel documents on June 30, 2017.

A month ago, I have been notified by my HR to present a new unexpired work permit to keep my employment.

I am anxiously waiting for news from USCIS regarding my EAD…..In 20 days I need to get my EAD card in hand. Otherwise, I might be jobless :((

Also, I have made flight reservation and plan to go back to my county to have a wedding at the end of December!!

I am super worried if I do not get my combo card soon. My job…my wedding… ARGHH

Does anyone here have the same job situation as mine? What should I do/ my employer does in this situation?

Can I still be working WITHOUT PAY (more like a volunteer job) after my OPT expires if my employer let me does that until I get my EAD? What’s y’all recommendation? I just feel bad to my employer because I have not worked for a year yet, and will be taking leave for wedding..  and plus I might need to take unpaid leaves for indefinite time until I get my EAD…

 

Here’s my timeline

30-Jun-2017	Filed AOS package
5-Jul-2017	USCIS received fingerprint fee for I-485
6-Jul-2017	Received I-797 Receipt Notices
15-Jul-2017	Received Appointment for Biometrics Notice
26-Jul-2017	Received RFE Notice (I-131A. Somehow lawyer forgot to send it together with I-485). Sent the I-131A on Sept 28.
3-Aug-2017	Did Biometrics
8-Aug-2017	RFE was received by USCIS
11-Sep-2017	Called USICS to expedite EAD/AP
12-Sep-2017	USCIS: Expedite request was assigned to an officer. Referral ID: T1*****. We sent a response to your request to have your case expedited. Another update: your request to have your case expedited was completed
18-Sep-2017	Called USCIS regarding the expedited case status. Told me they sent an email requesting proof of severe financial loss on September 13. But I did not get the email. So turned out there was a misunderstanding in communication. Officer whom I spoke with on Sept 11 misspelled my email address.
20-Sep-2017	Sent a fax to congressman regarding EAD case

 

 

 

Hi..kinda like in the same situation. To summarize, pending application for OPT extension(180 days about to be up) and also pending AOS EAD application. Would like to know if you were able to work while your EAD was pending or you just waited till you got it. Were you also able to renew your license if you had one? thanks.

[geowrian 22,337]

38 minutes ago, Mikky19 said:

Would like to know if you were able to work while your EAD was pending or you just waited till you got it.

Without a valid, unexpired EAD (or legal status that permits working without an EAD), it would be unauthorized employment.