Expediting EAD while RFE pending??

[ashleykay 14]

Hey Guys,

 

My husband recently lost his job so I need to expedite my EAD so I can work. We currently have an RFE due to the Affidavit of support and I'll be sending that off tomorrow or Saturday (Waiting for my Joint sponsor to send me back the forms) but my question is...

 

Can I ask for my EAD to be expedited if I have an RFE pending? 

 

Please help! We are in a sticky situation.

 

[Ben&Zian 4,398]

10 minutes ago, ashleykay said:

Hey Guys,

 

My husband recently lost his job so I need to expedite my EAD so I can work. We currently have an RFE due to the Affidavit of support and I'll be sending that off tomorrow or Saturday (Waiting for my Joint sponsor to send me back the forms) but my question is...

 

Can I ask for my EAD to be expedited if I have an RFE pending? 

 

Please help! We are in a sticky situation.

 

 

You can try; but gaining expedite of EAD by "financial loss" is tough. Point of the sponsor, you husband and the co-sponsor, is to be able to prove they can support you. Mean, that's the whole idea, so claiming financial hardship for expedite seems counter productive and says that between two sponsors (husband and co-sponsor) they can't manage it.

 

You can try again but I wouldn't get too hopeful.

 

Now, if you can get a job offer, like official job offer letter, you can try to expedite on that. That is more likely to be approved; but still can take 3-4 week so at least.

[geowrian 22,338]

I have seen others get an expedite approved due the the loss of job of the petitioner. However, generally that would not be the case.

The main issue is that the petitioner must show that you will not become a public charge so they have to be a sponsor (or use a joint sponsor). If you are in such financial circumstances that you need to work to support the household, it's hard to argue that the petitioner is able to sponsor you. It's tryig to eat your cake and have it too.

But with a joint sponsor, this is less of an issue so I do see some light in the tunnel. That said, I would still say having a firm job offer is more likely to get an expedite.

 

As for your specific question, current policy is I-131 or I-765 processing is paused when there is an RFE or RFIE on the I-485. So requesting an expedite before they are able to process the paperwork may backfire. I'd wait at least until they acknowledge receipt of the RFE/RFIE response first (not that they process it...just receipt of it). So give it a little bit of time after you send off the response.

Edited August 23, 2018 by geowrian

[ashleykay 14]

58 minutes ago, Ben&Zian said:

 

You can try; but gaining expedite of EAD by "financial loss" is tough. Point of the sponsor, you husband and the co-sponsor, is to be able to prove they can support you. Mean, that's the whole idea, so claiming financial hardship for expedite seems counter productive and says that between two sponsors (husband and co-sponsor) they can't manage it.

 

You can try again but I wouldn't get too hopeful.

 

Now, if you can get a job offer, like official job offer letter, you can try to expedite on that. That is more likely to be approved; but still can take 3-4 week so at least.

I have a official job offer, when my husband lost his job I started looking as I know others have been successful in expediting their EAD with a job offer. 

I meet with HR tomorrow to pick up my letter. 

 

Do you suggest waiting until they’ve received my RFE docs before asking for expedition of my EAD?

[Ben&Zian 4,398]

1 minute ago, ashleykay said:

I have a official job offer, when my husband lost his job I started looking as I know others have been successful in expediting their EAD with a job offer. 

I meet with HR tomorrow to pick up my letter. 

 

Do you suggest waiting until they’ve received my RFE docs before asking for expedition of my EAD?

 

Myself am unsure but I would go off the advice @geowrian gave about waiting until they receive the RFE documents.

[ashleykay 14]

54 minutes ago, geowrian said:

I have seen others get an expedite approved due the the loss of job of the petitioner. However, generally that would not be the case.

The main issue is that the petitioner must show that you will not become a public charge so they have to be a sponsor (or use a joint sponsor). If you are in such financial circumstances that you need to work to support the household, it's hard to argue that the petitioner is able to sponsor you. It's tryig to eat your cake and have it too.

But with a joint sponsor, this is less of an issue so I do see some light in the tunnel. That said, I would still say having a firm job offer is more likely to get an expedite.

 

As for your specific question, current policy is I-131 or I-765 processing is paused when there is an RFE or RFIE on the I-485. So requesting an expedite before they are able to process the paperwork may backfire. I'd wait at least until they acknowledge receipt of the RFE/RFIE response first (not that they process it...just receipt of it). So give it a little bit of time after you send off the response.

Thank you! I have a job offer, I meet with HR tomorrow to pick up my letter but I’ll take your advice and wait until they’ve received my RFE documents! 

 

☺️ Thanks!!

[A&H2018 148]

12 hours ago, ashleykay said:

Thank you! I have a job offer, I meet with HR tomorrow to pick up my letter but I’ll take your advice and wait until they’ve received my RFE documents! 

 

☺️ Thanks!!

If you have dealt with your RFE, as you stated tomorrow. You can start your expedite process tomorrow. There is a thread explaining the process. But will take 5 days just to get it assigned to get more information.

 

I would not even mention your RFE when you call, the call center and expedite person have nothing to do with the RFE. They just will not give you the EAD till the everything is clear on the i485 and that decision will be the officier who got your RFE to start with.

[ashleykay 14]

My future Boss has offered to write a letter on the companies behalf to USCIS to explain from their angle why they need me to have an EAD asap...Would this be beneficial to send in with my Offer of Employment?

 

Basically if I can't work soon they might lose a case/income. (Yes they know this could potentially be a reality if my expedition gets denied). 

 

 

Edited August 28, 2018 by ashleykay

[geowrian 22,338]

Can't hurt to include it.

[A&H2018 148]

3 hours ago, ashleykay said:

My future Boss has offered to write a letter on the companies behalf to USCIS to explain from their angle why they need me to have an EAD asap...Would this be beneficial to send in with my Offer of Employment?

 

Basically if I can't work soon they might lose a case/income. (Yes they know this could potentially be a reality if my expedition gets denied). 

 

 

Hey the expedite thread has all information. Abstolutely, very very helpful.