Ridiculous waiting time for an EAD renewal - about to lose job

[MajaMukanowska 38]

Hi everyone,

 

I think I have the weirdest immigration timeline one could have. K-1 visa got approved pretty fast in May 2017.  Came to the US in June 2017. Got married in July. Applied for the Green Card and EAD/AP in July. Then EAD/AP combo card got approved within 88 days. Here's when the fun starts...

 

The combo card expired 10/16/18. I applied for the renewal in July 2018 - so in a nice timely manner. 246 DAYS AGO. Even with the 180 days automatic extension, I will still lose my job in 3 weeks.

 

Yes, I made an Infopass appointment. They can't rush EADs, but they put in a request for the Green Card interview expedition - since it's been almost 2 years that I'm waiting for it. Well, that's nice of them, but I still have no sign of it happening anytime soon.

Yes, I have a lawyer. Apparently the best immigration lawyer in Maryland. She said I'm really on top of my paperwork so there is noting she can do for me.

Yes, I called the landline and put in service request - 3 of them. I call every 30 days. Everytime someone promisses to take care of it, and NOTHING HAPPENS.

Yes, I have my congressman working on the case. So what. They told me they will get back to me once USCIS replies. They never did.

Yes, I sent letters from my employer stating he's gonna be terminating me SOLELY because of EAD expiring. And mine and my husbands testimonies of financial hardships we're gonna face. Had the congressman forward the same letters to USCIS, too.

 

I guess I'm gonna lose a job that I love, because of nothing.

 

Anyone there with a similar problem?

 

Thanks, guys

 

Maja

Edited March 20, 2019 by MajaMukanowska
stylistic

[C90 376]

18 minutes ago, MajaMukanowska said:

Hi everyone,

 

I think I have the weirdest immigration timeline one could have. K-1 visa got approved pretty fast in May 2017.  Came to the US in June 2017. Got married in July. Applied for the Green Card and EAD/AP in July. Then EAD/AP combo card got approved within 88 days. Here's when the fun starts...

 

The combo card expired 10/16/18. I applied for the renewal in July 2018 - so in a nice timely manner. 246 DAYS AGO. Even with the 180 days automatic extension, I will still lose my job in 3 weeks.

 

Yes, I made an Infopass appointment. They can't rush EADs, but they put in a request for the Green Card interview expedition - since it's been almost 2 years that I'm waiting for it. Well, that's nice of them, but I still have no sign of it happening anytime soon.

Yes, I have a lawyer. Apparently the best immigration lawyer in Maryland. She said I'm really on top of my paperwork so there is noting she can do for me.

Yes, I called the landline and put in service request - 3 of them. I call every 30 days. Everytime someone promisses to take care of it, and NOTHING HAPPENS.

Yes, I have my congressman working on the case. So what. They told me they will get back to me once USCIS replies. They never did.

Yes, I sent letters from my employer stating he's gonna be terminating me SOLELY because of EAD expiring. And mine and my husbands testimonies of financial hardships we're gonna face. Had the congressman forward the same letters to USCIS, too.

 

I guess I'm gonna lose a job that I love, because of nothing.

 

Anyone there with a similar problem?

 

Thanks, guys

 

Maja

I'm pretty sure I read somewhere on this forum that if your extension is gonna expire, you have to file EAD renewal again. Although your renewal isn't approved yet, you should get another 180 day extension letter. But double check with USCIS asap

[MajaMukanowska 38]

17 minutes ago, C90 said:

I'm pretty sure I read somewhere on this forum that if your extension is gonna expire, you have to file EAD renewal again. Although your renewal isn't approved yet, you should get another 180 day extension letter. But double check with USCIS asap

I am gonna do that later this week, but according to my lawyer, it is an unproven loophole, that USCIS is gonna catch up to and might decline the petition. The infopass officer was not a fan of that idea. I am not a fan of this idea. I did everything in a super clean and legal way up until now, this is just a gray area for me and I don't enjoy that at all.

[C90 376]

Just now, MajaMukanowska said:

I am gonna do that later this week, but according to my lawyer, it is an unproven loophole, that USCIS is gonna catch up to and might decline the petition. The infopass officer was not a fan of that idea. I am not a fan of this idea. I did everything in a super clean and legal way up until now, this is just a gray area for me and I don't enjoy that at all.

Why would it be a loophole? Your EAD is going to expire, the extension is going to expire, so what are you supposed to do? Just sit and wait? Renewals are designed to avoid just that, so it seems pretty logical that you can legally file another renewal in your situation. But like I said, double check with USCIS Tier2

[MajaMukanowska 38]

1 minute ago, C90 said:

Why would it be a loophole? Your EAD is going to expire, the extension is going to expire, so what are you supposed to do? Just sit and wait? Renewals are designed to avoid just that, so it seems pretty logical that you can legally file another renewal in your situation. But like I said, double check with USCIS Tier2

According to the current immigration system, yes, they want us to sit and wait. Apparently they are on an almost 360 day backlog for EADs as of now, according to the immigration officer. It was 88 days for me last year..

[SalishSea 17,829]

2 minutes ago, MajaMukanowska said:

According to the current immigration system, yes, they want us to sit and wait. Apparently they are on an almost 360 day backlog for EADs as of now, according to the immigration officer. It was 88 days for me last year..

360 days?  Is that just for renewals?  My husband just last weekend received his EAD in 132 days, which we thought was pretty good.

[USS_Voyager 1,972]

There was a post earlier today or yesterday about a teleconference the USCIS Ombudsman is holding specifically on the long delays in processing of EADs and they want to hear specifically from skateholders (employers and employees). Maybe you (and your employer) should call in.

[MajaMukanowska 38]

58 minutes ago, Jorgedig said:

360 days?  Is that just for renewals?  My husband just last weekend received his EAD in 132 days, which we thought was pretty good.

I'm glad it went so smooth for you.

[SalishSea 17,829]

2 minutes ago, MajaMukanowska said:

I'm glad it went so smooth for you.

Thank you.  I would question the information you got about a one year backlog on EADs though.  I've never heard that, and myself and others here on VJ who filed in October and November are now getting our combo cards.

 

Also- EADs can absolutely be expedited.

[MajaMukanowska 38]

I applied for expedition in October. Thank you for that information.

[MajaMukanowska 38]

16 minutes ago, Jorgedig said:

Thank you.  I would question the information you got about a one year backlog on EADs though.  I've never heard that, and myself and others here on VJ who filed in October and November are now getting our combo cards.

 

Also- EADs can absolutely be expedited.

The National Benefits Center online processing times are showing 10 months now. If they are not hiding the fact that it's at least 10 months, it's probably more.

[MajaMukanowska 38]

1 hour ago, USS_Voyager said:

There was a post earlier today or yesterday about a teleconference the USCIS Ombudsman is holding specifically on the long delays in processing of EADs and they want to hear specifically from skateholders (employers and employees). Maybe you (and your employer) should call in.

I submitted my case with her and emailed her on top of that. How do I focus her attention on my case? Do I just call everyday? Pretty sure there are people in worse situation that I am, but why am I having such a hard time with such a simple case? I'm at my wits' end.

[SalishSea 17,829]

2 minutes ago, MajaMukanowska said:

The National Benefits Center online processing times are showing 10 months now. If they are not hiding the fact that it's at least 10 months, it's probably more.

It is 4.5-6.5 months for applications that were filed along with the AOS- I assumed you did that.

 

Receipt date for inquiry is currently 9/16/18.  Our receipt date is 11/5/18.

 

The 8-10 months is for "all other applications."

[MajaMukanowska 38]

3 minutes ago, Jorgedig said:

It is 4.5-6.5 months for applications that were filed along with the AOS- I assumed you did that.

 

Receipt date for inquiry is currently 9/16/18.  Our receipt date is 11/5/18.

 

The 8-10 months is for "all other applications."

The one I filed along with the AOS, I received in 2.5 months.

This is the renewal. I attached copies of I-485 receipt etc. But it was not filed ALONG the AOS.

[SalishSea 17,829]

Just now, MajaMukanowska said:

The one I filed along with the AOS, I received in 2.5 months.

This is the renewal. I attached copies of I-485 receipt etc. But it was not filed ALONG the AOS.

Shouldn't matter if you currently have an AOS pending.  Very strange.