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Filed: Other Country: Greece
Timeline
Posted
11 minutes ago, John_ said:

I'm so sorry for that  😕

 

You should be receiving approval anytime soon and they will send you EAD C31, but if you have a pending I-485 I would recommend filing for EAD/AP C09 as well.

John,

Out of curiousity I have a question for you. Having got the Approval on Aug 2019, what are the further time line process of yours begining with GC interview schedule and GC card delivery. Just to have an idea for me to prepare.

Filed: AOS (pnd) Country: India
Timeline
Posted
2 hours ago, a1d1 said:

It looked like he withdrew the previous I-485 because my spouse failed to attend the GC interview and so filed the VAWA package (i-360, i-485 and i-765 (C31)based on i-360). Thats why he was not able to renew the exisiting EAD category 9. This error had happened to him because of his ignorance in the immigration procedures.

 

So, as I am already at the apex point of the Approval, I better decide to wait for the Approval notice and EAD.

 

As I understand, your spouse was US citizen so you r eligible for combo card cat 09, and its free too. So without wait apply for combo card Cat 09.

Filed: Timeline
Posted
5 hours ago, Engineering-rocks said:

Just found out my I485 is still at NBC gosh this is just taking forever.

Filed December 2017

RFE August 2019

Approval Jan 31st 2020

C31 card February 2020

Approval letter March 2020

Note from NBC that they will need my medicals - April 2020

Why on earth is my application still at NBC if I received a letter from them a month ago confirming they have already reviewed my application?

It can take some time for NBC to send it to the local office. I recall reading somewhere that sometimes they wait until they have multiple things to send rather then sending individual cases. You can have your representative/senator inquire for you. 

Filed: Timeline
Posted
3 hours ago, a1d1 said:

It looked like he withdrew the previous I-485 because my spouse failed to attend the GC interview and so filed the VAWA package (i-360, i-485 and i-765 (C31)based on i-360). Thats why he was not able to renew the exisiting EAD category 9. This error had happened to him because of his ignorance in the immigration procedures.

 

So, as I am already at the apex point of the Approval, I better decide to wait for the Approval notice and EAD.

 

You are not understanding correctly. If you originally filed 130+485+765 with your spouse and you and/or spouse do not go to the interview the 485 will be denied. However you can ask them to not do this and to hold your 485 and not send it to removal. They almost always do this as a courtesy even though they are not required to hold it. If they hold it your EAD attached to it wouldve remained valid (and you renew it if needed). The only time they can not hold it is if you or your spouse withdraw it. Not sure if your spouse withdrew or your attny did. If your attny did then that was the wrong thing to do.  

 

And then when you file 360+485 you are allowed to file a c09 EAD with your 485. If you did you wouldve gotten the c09 EAD from that by now since it was filed OCT 2018. Even though you didnt file back in OCT 2018 you could've still filed for it at any point afterwards. I have no idea why your attny sent in AUG 2019 a C31 765?! The C31 can not be issued until the 360 is approved and when the 360 is approved you get the c31 EAD automatically. I understand at this point your 360 is close to being approved and would probably be approved before a c09 765 is even if you mail it today.  But you never know. A c09 765 can take anywhere from 3-6 months to get the EAD

 

You asked for an overall time frame you can expect for EAD and GC so here it is- If you do not file a c09 765 then you will have to wait for your 360 to be approved and they will mail you a c31 EAD when they approve it. Check your case status for the 360, when it says card was produced that is your c31 EAD which will be mailed promptly and your 360 has been approved. Once approved your case goes to NBC for pre-processing and then is sent to your local office. It will then sit at the local office until an interview slot opens. You may get a courtesy letter advising you of needing a medical, you may not. Do NOT do the medical until you have an interview date scheduled. Medicals expire so only do it when you have an interview slot or if you get an RFE asking you to submit it (not a courtesy letter but an actual RFE saying reply with medical ok?)

 

Some local offices like NY have a year wait for an interview slot on average. Other local offices have interview slots quickly. You can not compare timelines with people with different local offices. 

Filed: Timeline
Posted
17 minutes ago, HRQX said:

On the EAD what date is listed for expiration and what is the category? Some EADs are eligible for an automatic 180 day extension: https://www.uscis.gov/i-9-central/44-automatic-extensions-employment-authorization-documents-eads-certain-circumstances

@HolaBola31 I asked HRQX to post here to try to help you with your situation since they are very knowledgeable about EAD employment verification  issues. Im hoping there is a way for you to keep your job! 

 

Anyway @HRQX based on post history- EAD renewal was filed in June 2019. It was sent to Chicago and was suppose to be sent to Vermont (all VAWA goes to Vermont) because of this error it caused a delay. Current extension letter is expiring May 25 2020. Employer wants re verification since extension is expiring.  Attempted expedite 3 months ago and no response. Also all VAWA stuff must be done in writing to Vermont or through a congressmen. Congressman was contacted and also no response. 

Is there any combination of documents that could be presented to help keep the job?

 

Filed: Other Country: Greece
Timeline
Posted
9 minutes ago, Villanelle said:

You are not understanding correctly. If you originally filed 130+485+765 with your spouse and you and/or spouse do not go to the interview the 485 will be denied. However you can ask them to not do this and to hold your 485 and not send it to removal. They almost always do this as a courtesy even though they are not required to hold it. If they hold it your EAD attached to it wouldve remained valid (and you renew it if needed). The only time they can not hold it is if you or your spouse withdraw it. Not sure if your spouse withdrew or your attny did. If your attny did then that was the wrong thing to do.  

 

And then when you file 360+485 you are allowed to file a c09 EAD with your 485. If you did you wouldve gotten the c09 EAD from that by now since it was filed OCT 2018. Even though you didnt file back in OCT 2018 you could've still filed for it at any point afterwards. I have no idea why your attny sent in AUG 2019 a C31 765?! The C31 can not be issued until the 360 is approved and when the 360 is approved you get the c31 EAD automatically. I understand at this point your 360 is close to being approved and would probably be approved before a c09 765 is even if you mail it today.  But you never know. A c09 765 can take anywhere from 3-6 months to get the EAD

 

You asked for an overall time frame you can expect for EAD and GC so here it is- If you do not file a c09 765 then you will have to wait for your 360 to be approved and they will mail you a c31 EAD when they approve it. Check your case status for the 360, when it says card was produced that is your c31 EAD which will be mailed promptly and your 360 has been approved. Once approved your case goes to NBC for pre-processing and then is sent to your local office. It will then sit at the local office until an interview slot opens. You may get a courtesy letter advising you of needing a medical, you may not. Do NOT do the medical until you have an interview date scheduled. Medicals expire so only do it when you have an interview slot or if you get an RFE asking you to submit it (not a courtesy letter but an actual RFE saying reply with medical ok?)

 

Some local offices like NY have a year wait for an interview slot on average. Other local offices have interview slots quickly. You can not compare timelines with people with different local offices. 

Thank you for the information. In fact my lawyer told me when he applied for C9, they denied and asked to resumit C31 for this case and hence he did it. Looks to be he is unaware of who withdraw i-485 and I knew now who could have done. Thanks again for the detailed clarification.

Posted
17 minutes ago, Villanelle said:

Is there any combination of documents that could be presented to help keep the job?

Unfortunately, the 180 day extension is the most leeway USCIS gives to select EAD categories.

21 minutes ago, Villanelle said:

Current extension letter is expiring May 25 2020.

I'm assuming the expiration date on the card was Nov. 27, 2019 (May 25 - 180 days). Correct?

Posted
50 minutes ago, Villanelle said:

to help keep the job?

It's a long shot, but if HEROES Act passes Senate and POTUS signs it without the following section altered then it's an additional extension:

Quote

Title XX – Immigration Matters Sec. XX1. Extension of Filing and Other Deadlines. This section creates protections for certain noncitizens in the United States, as well as certain immigrant visa applicants, affected by processing delays and travel restrictions related to the COVID-19 public health emergency. Certain noncitizens who were lawfully present in the United States when HHS declared a public health emergency are protected from negative immigration consequences due to the inability to meet filing deadlines or leave the country. Temporary immigration status or work authorization that is set to expire during the emergency is automatically extended for a temporary period. Expiration dates of issued immigrant visas are extended for the duration of the emergency. Immigrant visa numbers that go unused at the end of the fiscal year are rolled over for use in subsequent fiscal years. And voluntary departure deadlines are extended for the duration of the emergency.

 

Filed: AOS (pnd) Country: Nigeria
Timeline
Posted (edited)
9 hours ago, Engineering-rocks said:

Just found out my I485 is still at NBC gosh this is just taking forever.

Filed December 2017

RFE August 2019

Approval Jan 31st 2020

C31 card February 2020

Approval letter March 2020

Note from NBC that they will need my medicals - April 2020

Why on earth is my application still at NBC if I received a letter from them a month ago confirming they have already reviewed my application?

@Engineering-rocks A little patience dear, if they are asking you to send ur medical s pls go get it done and send to them, because of the coronavirus pandemic these days they send you green card without interviews so maybe when u send ur medicals and they receive it they may approve ur i485 without interview which is even better for you.. NBC can send u ur green card if they choose to, it’s a National benefit Center it is their job

Edited by Modu
Posted (edited)
14 hours ago, John_ said:

Hey, i sent my VAWA I-360 January 31 2018 and it was approved August 13 2019. 19 Months .

 

I received my C31 EAD with my approval letter in August 2019. But I only keep sending the renewal for my EAD/AP C09 based on my pending I-485.

 

Your lawer can still file for EAD/AP C09 if you have a pending I-485. 

Hey John so you mean you have 2 EADs from C09 and C31? But only using the c09 because you have a pending i485 application. What is the advantage of using the c09 instead of using the c31 you now already have?

Edited by cindy122808
 
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