3 questions: Visa expiring, expediting EAD, seeking employment.

[theallseeingeye 1]

Hi All,

 

3 questions if you don't mind.

 

After a rejected application because of expired forms, and a six week wait for notification of such rejection because USCIS sent the I-797 to my wife's old address, my full application has finally been accepted by the Chicago Lockbox (Sep 26 2017). My first concern is that I'm fast approaching my 6 month stay limit (Oct 29 2017). Should I be worried about this? Should I take a trip outside the US and return? Or can I stay put in San Diego?

 

The next most pressing problem is that my wife is pregnant and we are expecting end of Jan. So...can I request an expedite on my application (full and/or EAD) on the basis that my wife will soon not be able to work and I need to be able to support my new family?

 

I read on this forum that some people had gone and requested an expedite with an offer of employment. I was under the impression that I am not able to even seek out employment until I have permission to work. What is the real deal on what I can do?

 

Thanks in advance!

[geowrian 22,338]

1 hour ago, theallseeingeye said:

My first concern is that I'm fast approaching my 6 month stay limit (Oct 29 2017). Should I be worried about this? Should I take a trip outside the US and return? Or can I stay put in San Diego?

Once you file for AOS, you are granted authorized stay while in the US. No need to leave. If you do leave, your AOS will be abandoned and you very likely will not be allowed to re-enter without an appropriate visa (presumptively a CR-1/IR-1 for being married to a USC, but you never stated why you qualified for AOS in the first place). If you filed for AP, you can travel abroad once that is in hand. Otherwise you must wait for the green card (or file for AP once the I-485's NOA1 arrives).

 

1 hour ago, theallseeingeye said:

The next most pressing problem is that my wife is pregnant and we are expecting end of Jan. So...can I request an expedite on my application (full and/or EAD) on the basis that my wife will soon not be able to work and I need to be able to support my new family?

Congrats!

You can try, but to be blunt, I would not hold my breath for approval based on that. There's no basis to expedite AOS entirely due to pregnancy. Taking the pregnancy => financial hardship aspect for an EAD would be unlikely IMHO but you can try. I would suggest applying for jobs...if offered a job, you can submit the job offer as a reason to expedite. You cannot work until the EAD is approved, but you can apply for jobs.

Edited September 28, 2017 by geowrian

[theallseeingeye 1]

Thanks for the speedy reply! 

 

I applied for AOS after marrying my wife here in San Diego in June. 

 

I will start getting my CV out there! Appreciate the feedback.

[geowrian 22,338]

Good luck! Please keep the thread updated with how it goes for an expedite.

[theallseeingeye 1]

Quick question again, does the job offer have to be full-time employment? Or does contract and freelance work count too?

[geowrian 22,338]

9 hours ago, theallseeingeye said:

Quick question again, does the job offer have to be full-time employment? Or does contract and freelance work count too?

That's really up to USCIS to determine...there are no hard rules. But I would presume a full time job would carry more sway than a contract with a preset duration, or freelance work.

[theallseeingeye 1]

Update: So in the time it took me to find willful employment, I got a I-797 notice advising me my EAD has been approved. I'm now just awaiting the EAD card. My I-131 travel permission came through at the same time. All in all three months from the time application went in although there was a request for initial evidence as my wife had not filed her 2016 tax return when I initially submitted my forms. USCIS held off on doing anything with the whole application until she had done so. We didn't wait for the receipt from IRS but simply posted copies of the forms she submitted along with a postal receipt that confirmed she had sent it off to the IRS. 

 

I'm guessing it takes around a week for the EAD card to arrive and then its off to get a SSN.

 

Edited December 28, 2017 by theallseeingeye
grammar, clarity

[shakeyy 78]

1 hour ago, theallseeingeye said:

Update: So in the time it took me to find willful employment, I got a I-797 notice advising me my EAD has been approved. I'm now just awaiting the EAD card. My I-131 travel permission came through at the same time. All in all three months from the time application went in although there was a request for initial evidence as my wife had not filed her 2016 tax return when I initially submitted my forms. USCIS held off on doing anything with the whole application until she had done so. We didn't wait for the receipt from IRS but simply posted copies of the forms she submitted along with a postal receipt that confirmed she had sent it off to the IRS. 

 

I'm guessing it takes around a week for the EAD card to arrive and then its off to get a SSN.

 

if you used the new i765 form. you will automatically receive a mail from ssa

[theallseeingeye 1]

13 hours ago, shakeyy said:

if you used the new i765 form. you will automatically receive a mail from ssa

I did but there was no mention of SSA in the I-797 I received...nice bonus as it saves me a trip and I was wondering why it shouldn't automatically happen.

[geowrian 22,338]

11 minutes ago, theallseeingeye said:

I did but there was no mention of SSA in the I-797 I received...nice bonus as it saves me a trip and I was wondering why it shouldn't automatically happen.

It wouldn't be on the I-797. Check the I-765 that you sent (I'm assuming you have a copy!)...the one that includes the SSN application registration has a section dedicated to this on page 1 on the right side.

[theallseeingeye 1]

My I-765 didn't have that section, just checked. But my EAD card arrived today so I will just trundle down to the SS office and sort it out. 

[geowrian 22,338]

1 hour ago, theallseeingeye said:

My I-765 didn't have that section, just checked. But my EAD card arrived today so I will just trundle down to the SS office and sort it out. 

Yup, it sounds like you filed before the new I-765 form came out. It came out in very late September, but the version prior to that one was still accepted until early December.

[theallseeingeye 1]

Confirmed. Just got back from SS office and they issued me a number with the card arriving in 1-2 weeks.