EAD Expedite Timeline After Fax Request

[NYC-AB 56]

1 hour ago, Dawn&Igor said:

That's the thing, it seems like everyone's decision comes a couple days after. It's been 9 days and I'm getting nervous what and when to expect it. I guess I'm just overthinking it.

Have you tried contacting your Congressperson / Senators? I'm not sure whether our expedite timeline was truncated because of that, but it definitely didn't hurt.

[mk17 5]

Hello everyone,

 

I applied for a new EAD almost 5 months prior to the expiration of my current EAD. I saw it was transferred to NBC, 5-7 month waiting time. My current EAD expires on 15th August. What are the reasons that usually get approved under severe financial loss? I got this job with much difficulty. I don't want to lose it because applying for new EAD almost 5 months prior to expiration was not enough. I'm really in need of your help and suggestions. 

 

Btw, my i485 status is "ready to be scheduled for interview" on 2nd may. 

 

Thank you in advance. 

[eckoin 211]

On 5/15/2019 at 5:22 AM, mk17 said:

Hello everyone,

 

I applied for a new EAD almost 5 months prior to the expiration of my current EAD. I saw it was transferred to NBC, 5-7 month waiting time. My current EAD expires on 15th August. What are the reasons that usually get approved under severe financial loss? I got this job with much difficulty. I don't want to lose it because applying for new EAD almost 5 months prior to expiration was not enough. I'm really in need of your help and suggestions. 

 

Btw, my i485 status is "ready to be scheduled for interview" on 2nd may. 

 

Thank you in advance. 

Ask your employer to write a letter that states that you're employed by them, and that they value you as a team member and would like for you to continue working for them without interruption, and since they won't be able to employ you without a valid work authorization, could USCIS please consider expediting. 

 

Call USCIS and expedite based on severe financial loss. In your cover letter, state basically the above, and include the letter from your employer. If you have bills to pay, mention it; if this is a really great job that doesn't happen often, of course mention that. 

 

But that's all you need. It's a bit easier to get EAD expedited when you're already employed, so with an employer letter and a brief description of your situation, you should be good to go. 

 

Do it now, by the way, don't wait. 

[tiantian2 18]

Hi everyone here! I have a question regarding when would be the "optimal" time to start the expedite process. 

I just submitted my concurrent filing. 

I have an offer letter with a start date in four months (end of august). 

I think since it's not starting untill four months later, expediting too early would likely get rejected. 

But if expedite late, I risk not getting the card in time, which would be detrimental for my job. 

When do you think would be the best time to start expedite? Beginning of July? Or earlier/later?

 

Thanks for your help.

[eckoin 211]

42 minutes ago, tiantian2 said:

Hi everyone here! I have a question regarding when would be the "optimal" time to start the expedite process. 

I just submitted my concurrent filing. 

I have an offer letter with a start date in four months (end of august). 

I think since it's not starting untill four months later, expediting too early would likely get rejected. 

But if expedite late, I risk not getting the card in time, which would be detrimental for my job. 

When do you think would be the best time to start expedite? Beginning of July? Or earlier/later?

 

Thanks for your help.

Anytime after your biometrics are processed, as early as possible from there on. 

[tiantian2 18]

Just now, eckoin said:

Anytime after your biometrics are processed, as early as possible from there on. 

Thank you! 

My only concern would be that if I expedite in early June after biometrics, and the job isn't starting till late august, it won't be considered as emergency...

[eckoin 211]

1 minute ago, tiantian2 said:

Thank you! 

My only concern would be that if I expedite in early June after biometrics, and the job isn't starting till late august, it won't be considered as emergency...

Eh. When I expedited (end of August), my work status was expiring at the end of November - 3 months. At no point was that an issue. At the time, multiple members of this forum advised me not to wait, because--what if it takes 2.5 months to expedite in the first place? 

 

So I vote "you're overthinking it" and go for it. 

[tiantian2 18]

2 minutes ago, eckoin said:

Eh. When I expedited (end of August), my work status was expiring at the end of November - 3 months. At no point was that an issue. At the time, multiple members of this forum advised me not to wait, because--what if it takes 2.5 months to expedite in the first place? 

 

So I vote "you're overthinking it" and go for it. 

Thank you! You've successfully persuaded me:P

 

An additional question is, if the company only issues the offer letter but is reluctant to provide any support letter (not sure why so cautious), would that significantly reduce my chance, and is there any way to remedy that?

Edited May 16, 2019 by tiantian2

[eckoin 211]

Just now, tiantian2 said:

Thank you! You've successfully persuaded me:P

 

An additional question is, if the company only issues the offer letter but is reluctant to provide any support letter (not sure why so cautious), would that significantly reduce my change, and is there any way to remedy that?

What's a support letter exactly? What would be the difference? 

 

Like, they would say, "we won't be employing @tiantian2 if you don't do this"? Or that you're extra valuable?

 

If so, it helps I guess, but I don't think it's necessary. A job offer is enough, and the onus is on you, the applicant, to explain why it's important to *you* to have the job, unless you're spinning the "the company will go bankrupt if I don't work for them," which has also worked for a select few people. 

[tiantian2 18]

Just now, eckoin said:

What's a support letter exactly? What would be the difference? 

 

Like, they would say, "we won't be employing @tiantian2 if you don't do this"? Or that you're extra valuable?

 

If so, it helps I guess, but I don't think it's necessary. A job offer is enough, and the onus is on you, the applicant, to explain why it's important to *you* to have the job, unless you're spinning the "the company will go bankrupt if I don't work for them," which has also worked for a select few people. 

Yeah, by support letter I mean something in the line of "this person is extremely valuable to us and if she can't start working by that date it will cause blah blah blah..."

I'm F1 (student, no opt) to AoS, and saw some posts say F1 is supposed to sponsor themselves, so financial loss to self isn't a valid reason. 

[eckoin 211]

Just now, tiantian2 said:

Yeah, by support letter I mean something in the line of "this person is extremely valuable to us and if she can't start working by that date it will cause blah blah blah..."

That would go the "financial loss to company" route, and let's be honest - will your company suffer severe losses if you don't work for them? Again, it worked for some, read the thread, but I personally think it's silly. A job offer letter is plenty. 

Just now, tiantian2 said:

I'm F1 (student, no opt) to AoS, and saw some posts say F1 is supposed to sponsor themselves, so financial loss to self isn't a valid reason. 

I don't know what you mean here. F1 is supposed to sponsor themselves? Are you adjusting based on marriage or otherwise? 

[tiantian2 18]

Just now, eckoin said:

That would go the "financial loss to company" route, and let's be honest - will your company suffer severe losses if you don't work for them? Again, it worked for some, read the thread, but I personally think it's silly. A job offer letter is plenty. 

I don't know what you mean here. F1 is supposed to sponsor themselves? Are you adjusting based on marriage or otherwise? 

I am F1 student, AOS based on marriage to USC. 

What I mean is, I've seen posts in which, F1 to AOS request expedite, and they got the uscis reply that:

"It must be noted that F-1 students are required to establish that they have the financial ability to pay for their course of study and living expenses for the entire period of study as indicated on their I-20, thus they cannot claim financial hardship due to the very nature of their nonimmigrant status and maintenance thereof. In addition, an employment offer or start date does not qualify under USCIS's severe financial loss expedite criteria."

[eckoin 211]

1 hour ago, tiantian2 said:

I am F1 student, AOS based on marriage to USC. 

What I mean is, I've seen posts in which, F1 to AOS request expedite, and they got the uscis reply that:

"It must be noted that F-1 students are required to establish that they have the financial ability to pay for their course of study and living expenses for the entire period of study as indicated on their I-20, thus they cannot claim financial hardship due to the very nature of their nonimmigrant status and maintenance thereof. In addition, an employment offer or start date does not qualify under USCIS's severe financial loss expedite criteria."

Multiple things to unpack here. 

 

First - are you trying to keep your full time employment, or on campus employment while you study? You would lose your F1 status as soon as you use your AOS EAD, so if it's the former--you just want to work for now--then it doesn't matter if you lose your F1 status. As soon as you get the EAD, and you use that EAD, your F1 doesn't matter at all. 

 

Second - if you are trying to keep your student status, then proceed with caution. Using AOS EAD or AOS AP terminates your current status, even if it is technically still valid by virtue of expiration date. 

 

Third - if you're only worried that at some point, for F1, you needed to provide proof of finances, and now all of a sudden you're claiming financial loss--fret not. First, marriage comes with expenses. Shared expenses--not living with roommates anymore, you want a car or two, whatever. Second, financial loss does include future potential financial loss--if this is a great opportunity, passing it up now would mean that you might not get another one. If the job is in your field of study, then that's fair to include in your letter. Third, just having a job is now more important than ever--maybe you want to start a family, or save up for a house--and maybe your job even has better medical insurance. I don't see how this is a reasonable USCIS response - by that metric, no one should be able to expedite on financial loss to person, since all of us are supposed to be sponsored by our spouses. But here we are. 

 

By using your AOS EAD, you'll have invalidated your F1 status, so it doesn't much matter what your application said. But proceed with caution if you want to maintain any of your current F1 benefits. 

Edited May 16, 2019 by eckoin

[tiantian2 18]

 

 

 

3 hours ago, eckoin said:

M

Hi eckoin, thanks for your thoughts. 

I'm not working right now, just a student, but will graduate before starting the job (in four months), so I'm not that concerned about keeping my F1 student status. 

 

Yes, it doesn't make sense that F1 can't claim financial loss as they are supposed to sponsor themselves. But several posts shows that response from USCIS. It also doesn't make sense that we need to prove that the job offer is pending on valid work authorization--isn't all legal employment of that nature? 

[eckoin 211]

@tiantian2 I wouldn't worry about those posts. Proceed as is.