Assistance with Expediting EAD

[AussieTexas 1]

Hello everyone,

 

I'm in a bit of a unique position and would appreciate any feedback that anyone has to give to help me in this matter. My wife and sent in our I-485 and I-130 in April as well as the I-765 on 6/1. As of 6/13 I am awaiting my I-485 to be scheduled for the interview date, which I was very happy to get considering the time frame thus far.

 

Here's where our issue arises. I am already working on the E3 visa and my current employer put in an extension for it since it expired on the 5/25. Unfortunately my companies HR department for whatever reason didn't file at the time they said they did and by the time my wife and I had sent in the I-485 and I-130, I still hadn't received the extension. I was unaware this would cause problems but here I am. So my employer tells me that USCIS has requested evidence from them regarding my E3 extension but since I have a green card pending, it's likely to be denied. Therefore, I'm told that my employer is going to wait to the last moment possible before sending in the evidence requested (I have no clue what it is) which is 8/4.

 

As of writing, because I still haven't received my EAD, my employer and I are now worried that I won't be able to receive the EAD until after the E3 extension is denied which they will have to let me go from. I obviously want to try and avoid this, so I want to expedite my EAD since it truly does apply to the 'Severe financial loss to company or person' criteria on USCIS's expedition reasoning (I'm going to be out of a job and suffer quite massive financial loss If I cant get my EAD soon)

 

So today I'm going to request USCIS to expedite my I-765 application, can anyone give me some advice on how I would articulate the reasoning as to why they should expedite it given my current circumstance? I'm not that fluent in 'legalese' haha. Also, any other suggestions or advice as to what I should do would be greatly appreciated, we might be contacting our congressmen as well if it will help, so advice on that as well would be very much appreciated.

 

Cheers,

[Boiler 45,519]

Get the Company Immigration LAwyer to file the expedite, otherwise it is as you say finiancial loss through job loss. Getting EAX in 3 weeks with an expedite may be a push.

[AussieTexas 1]

15 minutes ago, Boiler said:

Get the Company Immigration LAwyer to file the expedite, otherwise it is as you say finiancial loss through job loss. Getting EAX in 3 weeks with an expedite may be a push.

Annoyingly enough they have outline to me that apparently they have no authorization to assist me with my self petition for whatever dumb reason. So I'm on my own Ive been led to believe.

 

At this point I've got not much to lose so the EAX in 3 weeks is better than nothing. Do you have any suggestions on how I should word the request?

[Boiler 45,519]

The Company are the ones that would authorise them, they are paying their bills.

 

Go with whatr you said here.

[AussieTexas 1]

Do you know what information USCIS will request of me after I request the expedition?

[Boiler 45,519]

4 minutes ago, AussieTexas said:

Do you know what information USCIS will request of me after I request the expedition?

dOCUMENTATION TO SUPPORT YOUR REQUEST, CURRENT e3 EXPIRY.

[george8880 27]

It's possible to get the EAD approved in three weeks. Mine was recently approved a bit more than 2 weeks after I first called to submit a request to expedite. Since you said you called and submitted a service request already, timeline for you:

1. Seems like it is the company's fault for not filing your E3. Work with their lawyers ASAP to finalize a good cover letter on how to explain the situation. Also ask them to prepare a statement basically saying, if possible, that it was their fault; if not, get a statement from them saying you will be terminated if you do not get your EAD expedited
   • Also prepare a version of the cover letter for your congressman and Ombudsman. Include Service Request Number (a.k.a. USCIS Referral Number typically formatted T#B#...ZZZ) in addition to your application number for these versions
2. Also pull together any other supporting documents to prove financial hardship (e.g., low bank balances, student debt, mortgages, etc. to the extent any of these apply to you)
3. In three to four days, you should expect an email response back from USCIS asking for supporting documents to a specified fax number. Fax all your supporting documents and that email response to the specific fax number
   • If not, call USCIS again
4. Walk in to your congressman's office and submit casework package with cover letter and supporting documents. Get them to confirm they submitted an expedite request on their end too.
5. Submit Ombudsman online request with cover letter and supporting documents: https://www.dhs.gov/case-assistance
6. Three to fours days from step #3, you should get another email from USCIS hopefully saying they are reviewing your case
7. Wait, and follow up with congressman office from time to time

Check my profile for a post on my detailed timeline if you need a reference. 

 

 

[AussieTexas 1]

13 minutes ago, george8880 said:

It's possible to get the EAD approved in three weeks. Mine was recently approved a bit more than 2 weeks after I first called to submit a request to expedite. Since you said you called and submitted a service request already, timeline for you:

1. Seems like it is the company's fault for not filing your E3. Work with their lawyers ASAP to finalize a good cover letter on how to explain the situation. Also ask them to prepare a statement basically saying, if possible, that it was their fault; if not, get a statement from them saying you will be terminated if you do not get your EAD expedited
   • Also prepare a version of the cover letter for your congressman and Ombudsman. Include Service Request Number (a.k.a. USCIS Referral Number typically formatted T#B#...ZZZ) in addition to your application number for these versions
2. Also pull together any other supporting documents to prove financial hardship (e.g., low bank balances, student debt, mortgages, etc. to the extent any of these apply to you)
3. In three to four days, you should expect an email response back from USCIS asking for supporting documents to a specified fax number. Fax all your supporting documents and that email response to the specific fax number
   • If not, call USCIS again
4. Walk in to your congressman's office and submit casework package with cover letter and supporting documents. Get them to confirm they submitted an expedite request on their end too.
5. Submit Ombudsman online request with cover letter and supporting documents: https://www.dhs.gov/case-assistance
6. Three to fours days from step #3, you should get another email from USCIS hopefully saying they are reviewing your case
7. Wait, and follow up with congressman office from time to time

Check my profile for a post on my detailed timeline if you need a reference. 

 

 

First of all, thank you so much for this detailed response.

 

To break down what youve said, yes most of the blame currently is on my employers HR department for not filing my E3 extension on time but also some of it I suppose is on USCIS for taking too damn long to process my extension. Currently the immigration consultants in my HR department have been reluctant to help me, claiming multiple times that they don't have the authorization to assist me with a self petition. I asked them if they could at least provide me with a written statement saying that my employment is in jeopardy if I don't receive the EAD, and their response was they "cannot do this since this until USICS makes a decision. If USICS has denied" (which they are mostly likely going to) "then we can prepare a letter explaining the reason for denial and not having any alternate work authorization for you to work." So I'm not sure what else I can show right now.

 

I've already contacted my local representative and am waiting back to hear from them via email, the receptionist I spoke to was going to forward on my information to the relevant person. And yes I already have the referral number from USCIS (starts off as T#D#)

 

I will be paid again before the deadline that I would become unemployed, so would providing bank balances help in this regard?

 

I've already contacted my congressional representative by phone, would I still walk into their office?

 

Thanks again for all your advice.

[george8880 27]

1 hour ago, AussieTexas said:

First of all, thank you so much for this detailed response.

 

To break down what youve said, yes most of the blame currently is on my employers HR department for not filing my E3 extension on time but also some of it I suppose is on USCIS for taking too damn long to process my extension. Currently the immigration consultants in my HR department have been reluctant to help me, claiming multiple times that they don't have the authorization to assist me with a self petition. I asked them if they could at least provide me with a written statement saying that my employment is in jeopardy if I don't receive the EAD, and their response was they "cannot do this since this until USICS makes a decision. If USICS has denied" (which they are mostly likely going to) "then we can prepare a letter explaining the reason for denial and not having any alternate work authorization for you to work." So I'm not sure what else I can show right now.

 

I've already contacted my local representative and am waiting back to hear from them via email, the receptionist I spoke to was going to forward on my information to the relevant person. And yes I already have the referral number from USCIS (starts off as T#D#)

 

I will be paid again before the deadline that I would become unemployed, so would providing bank balances help in this regard?

 

I've already contacted my congressional representative by phone, would I still walk into their office?

 

Thanks again for all your advice.

Wait, I'm just rereading your original post again. You're saying that USCIS requested for more evidence for the E3 extension, and your employer wants to send in that evidence at close to 8/4 as possible, but yet they will only help you write that letter to expedite the EAD after the E3 extension gets denied? Doesn't that basically guarantee that you won't be able to submit a request to expedite until after 8/4? Sounds pretty messed up.

 

Regardless, your company can still help you write a letter; just don't submit it yet. That way, you save a day of them having to draft the letter after you hear back. Then you should tell your company to just submit the E3 evidence asap, and that you want a grace period of a month or so after you hear back about the E3 decision. You deserve at least a fair chance of getting an expedited EAD, especially since it was on them for not submitting the E3 when they said they did. If it starts getting close to 8/4 and your employer is adamant about terminating your employment, f**k them and just send in everything you have to USCIS, explaining the situation in the cover letter.

 

You can include low bank balances and any debt obligations to help your case.

 

Give your representative a day or two to respond. If they haven't responded, I would just walk-in and ask to speak with someone to explain the situation, the more senior the better; you can even reach out to your senator. They can reach out to USCIS on the E3 thing and help with the EAD expedite. This is probably your best bet if your company is being an ###.

[AussieTexas 1]

12 minutes ago, george8880 said:

Wait, I'm just rereading your original post again. You're saying that USCIS requested for more evidence for the E3 extension, and your employer wants to send in that evidence at close to 8/4 as possible, but yet they will only help you write that letter to expedite the EAD after the E3 extension gets denied? Doesn't that basically guarantee that you won't be able to submit a request to expedite until after 8/4? Sounds pretty messed up.

 

Regardless, your company can still help you write a letter; just don't submit it yet. That way, you save a day of them having to draft the letter after you hear back. Then you should tell your company to just submit the E3 evidence asap, and that you want a grace period of a month or so after you hear back about the E3 decision. You deserve at least a fair chance of getting an expedited EAD, especially since it was on them for not submitting the E3 when they said they did. If it starts getting close to 8/4 and your employer is adamant about terminating your employment, f**k them and just send in everything you have to USCIS, explaining the situation in the cover letter.

 

You can include low bank balances and any debt obligations to help your case.

 

Give your representative a day or two to respond. If they haven't responded, I would just walk-in and ask to speak with someone to explain the situation, the more senior the better; you can even reach out to your senator. They can reach out to USCIS on the E3 thing and help with the EAD expedite. This is probably your best bet if your company is being an ###.

Pretty much as of right now, that is my understanding, yes. I'm still going to go forward with the expedition request but like you said I'm pretty frustrated right now and I don't know why they don't want to give me a statement.

 

If I am to tell them to send in the E3 RFE now, that will pretty much means USCIS will make a decision sooner to deny the extension which means without the EAD, I won't be able to stay employed. 

 

I will keep that in mind though, and honestly at this point I have no problem with throwing them under the bus, because they havent made it easy on me thats for sure.

[A&H2018 146]

Man, had a very similar situation. To start your congressman/senator is Texas, do their websites/offices at all seem like they want to help someone work and pay taxes?

Your best option is to forget the E3, do you think your AOS is a strong case?

Who is doing the AOS? The company or your wife?

Edited July 12, 2018 by A&H2018

[AussieTexas 1]

10 minutes ago, A&H2018 said:

Man, had a very similar situation. To start your congressman/senator is Texas, do their websites/offices at all seem like they want to help someone work and pay taxes?

Your best option is to forget the E3, do you think your AOS is a strong case?

Glad to know i'm not the only one who has been screwed around apparently. So far I've only contacted Representative Carters office, I wanted to hold off to see what and how they could help me, if they can, before I contact Senator Cornyn (who hasn't been the biggest advocate in regards to immigration) or god forbid, Ted Cruz.

 

Id like to believe my AOS case is strong yes, my wife and I have been together for over 8 years, lived together in the US for over 5 and have been married for more than a year now. Also, the last update I got regarding my I-485 was four weeks ago saying that USCIS is ready to schedule my interview date, just waiting on them to actually tell me what the date is. Also we are the ones who filed the AOS, yes, I-130 and I-485 was filed back in April.

Edited July 12, 2018 by AussieTexas

[A&H2018 146]

19 minutes ago, AussieTexas said:

Glad to know i'm not the only one who has been screwed around apparently. So far I've only contacted Representative Carters office, I wanted to hold off to see what and how they could help me, if they can, before I contact Senator Cornyn (who hasn't been the biggest advocate in regards to immigration) or god forbid, Ted Cruz.

 

Id like to believe my AOS case is strong yes, my wife and I have been together for over 8 years, lived together in the US for over 5 and have been married for more than a year now. Also, the last update I got regarding my I-485 was four weeks ago saying that USCIS is ready to schedule my interview date, just waiting on them to actually tell me what the date is. 

Your case is a slam dunk sound like it.

 

I will give you my perspective. When I filed I was still on my L1 visa and working, even though we did not use my income nor need it in the i864 I explained I am going to work for the future at XYZ firm. Sometime after things changed and I ulitimately left the company to find a new opporutunity. When I called USCIS to ask what is going on (my case is simple where is EAD), they said we thought you had status, you have a visa (5 more months why the rush?) and can work. Till I explained what was going on they did not even want to consider an expedite. Then I went and asked my congressman and senator for help.

 

Truly way I see it, your company has messed up 1 time already and who knows if they will do it again? They say we do not want to send evidence because they are putting the company first and their overall relationship for all visas and you second. So if you can make USCIS think that you would prefer to leave the E3 world and go onto the AOS path you may be better off and this is your chance to do just that. Actually from anoter friend his company PURPOSELY waits till the very end because they know your status could be changing...so it freed up their visa quota not sure your firm is doing this but apparently the lawyers play those games.

 

The case to make to your congressman/senator is that your E3 renewal is at risk or maybe not even possible and you need an EAD. Let the company deal with the E3 if they truly do come through. If USCIS sees they can approve the E3 they may just ignore your i765 expedite all together. Next I would include w2 for last few years if possible, 2017 taxes to show proof that you actually working and financial loss. Then I would get a company letter explaining how you do not have work authorization after XYZ date and need EAD to keep working. Again the E3 is no longer your issue its your company's. I also wrote how "I am the main earner in the household", "if i lose this job wil be hard to find another job" etc...

 

Basically you want your cover letter to make the congressman/senator/uscis officer think, without an EAD this guy has no chance at this job and will let go. Also make sure to let them know, your at "case ready to interview be scheduled" sometimes excuse given when you check in 5 days... "well we doing background checks"...no you ain't I am past those USCIS.

Edited July 12, 2018 by A&H2018

[A&H2018 146]

Oh mine was 14-20 days for sure you can get it done in time. But truly your firm should be able to give you 3-5 days off once you show proof "card is being produced" email then the card shortly comes after.

[A&H2018 146]

Sorry read other comments...

 

If bank balances help, send it. You have lots of savings and ways to live do not. For sure mention your salary annually and how much you are losing (debt or no debt, this is a loss). You do not need a letter from the company lawyers formally, you just need your boss to send you an email saying "####### YOU CANT work in mid-august, what do we do?"...as other poster mentoned EFF the company asshat lawyers. Get creative and find all the evidence you can that no EAD no job.

 

USCIS expedite officer is a human not a lawyer. 

Edited July 12, 2018 by A&H2018