APRIL 2020 AOS FILERS

[Gak 24]

1 minute ago, KK and UR said:

Hi Congratulations on the job and EAD! And thank you for your comment. I have also been able to expedite mine basis the offer letter and actually just got the update its under production, although it took more than 2 weeks due to the holidays. If you don't mind me asking, did you already have an SSN or did you receive one via USCIS post approval of EAD?

Congratulations! I already had a SSN because I used to live in the states for 10 years before I left for Canada. 
 

(forgot to mention that the job offer was mentioned but I also used the financial loss due to a personal matter when expediting as well. Maybe that’s why)

[KK and UR 21]

18 minutes ago, Gak said:

Congratulations! I already had a SSN because I used to live in the states for 10 years before I left for Canada. 
 

(forgot to mention that the job offer was mentioned but I also used the financial loss due to a personal matter when expediting as well. Maybe that’s why)

Oh ok! Makes sense. I don't have an SSN and amidst the pandemic all offices were closed so could not apply anyways. Now I am just skeptical if I will receive the SSN soon enough to join.

 

 

[YvetteS 178]

7 hours ago, Charlesvb12 said:

Hey guys my case updated to interview scheduled as of Jan 2nd so just waiting for the mail.

April 15th filer

New Jersey local field office

 

Question is, is the medical valid for 1 or 2 years for K1? 

Form I-693 instructions (refer to page 8 ) states: 

- That you do not need a medical re-done if you lodged your I-485 application within a year of having the medical done AND the physician did not find a class A medical condition OR they did find a class A medical condition but you received a waiver of inadmissibility and you have complied with the terms and conditions of the waiver.

 

- But it does mention that you still need to show proof that you complied with the vaccination requirements. So you just need to make sure the DS3025 (vaccination record) was included with the original medical report and filled out correctly.

 

[HRQX 4,145]

7 hours ago, Charlesvb12 said:

Question is, is the medical valid for 1 or 2 years for K1? 

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3

K or V Nonimmigrants Applying for Adjustment ^[26]

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:

• The medical examination did not reveal a Class A medical condition; or 

• The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions. ^[27] 

If a new medical examination is required and reveals a Class A medical condition, a new waiver application will also be required. In such cases, the officer should determine whether the applicant complied with the terms and conditions of the first waiver, if applicable. Such determination should be given considerable weight in the adjudication of a subsequent waiver application. ^[28] 

 

Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician.

 

An applicant’s overseas medical examination report completed by a panel physician should already be in the applicant’s A-file. If it is not in the A-file, the officer should request the medical examination report through a Request for Evidence (RFE).

Edited January 6, 2021 by HRQX

[Linnn 108]

Hi All,

Update from my side as well (Filing Date: April 23rd)

Received EAD in September 2020

AP fingerprints were fulfilled and now has to be reviewed by an officer according to my inquiry back in October. 

Biometrics appointment done today for AOS & EAD (even though I already have my EAD?) 

[Duke & Marie 1,389]

3 hours ago, Linnn said:

Hi All,

Update from my side as well (Filing Date: April 23rd)

Received EAD in September 2020

AP fingerprints were fulfilled and now has to be reviewed by an officer according to my inquiry back in October. 

Biometrics appointment done today for AOS & EAD (even though I already have my EAD?) 

Same Filing date as me.... your lucky to have gotten your EAD already.. I did my bio on the 5th jan... I’ll put $ on you getting your interview before me lol

[Linnn 108]

3 hours ago, Duke & Marie said:

Same Filing date as me.... your lucky to have gotten your EAD already.. I did my bio on the 5th jan... I’ll put $ on you getting your interview before me lol

Oh no! I'm sorry - I still don't understand how the system works. Some people from may/June even had interview smh.

[Viking 142]

8 hours ago, Linnn said:

Hi All,

Update from my side as well (Filing Date: April 23rd)

Received EAD in September 2020

AP fingerprints were fulfilled and now has to be reviewed by an officer according to my inquiry back in October. 

Biometrics appointment done today for AOS & EAD (even though I already have my EAD?) 

Curios to hear why you have received AP and EAD before biometric appointment- but still have to go through the process afterwards??

[Linnn 108]

4 minutes ago, Viking said:

Curios to hear why you have received AP and EAD before biometric appointment- but still have to go through the process afterwards??

Yup, same here! 

EAD said that card was mailed to me and now changed back to fingerprints were taken on case status.

I put in an inquiry reg. my AOS in October and received the biometrics appointment notice for AOS & EAD.

For my inquiry reg. AP they said it shows fingerprints were taken and that a officer now has to look at it.

 

I absolutely have no clue why it's going this way, but I'm happy that it is moving along at least 🙏🏼.

 

 

[PatSquared 57]

My husband received a job offer today and we are thrilled. 😭🙏🏻
 

It’s a smaller company and they admitted that they’ve never had to deal with an employee who is still going through some sort of immigration process, but they seemed to understand the situation when my husband explained the specifics of his EAD, that he’s waiting for his green card interview, etc. We’re hoping that onboarding him will be straightforward, but I just reminded him to explain his rights and that the EAD is enough proof to show on the I9 form, etc., that he is legally able to work here.

 

Curious if anyone using their EAD to work has encountered any issues during the hiring process?

Edited January 8, 2021 by PatSquared

[HRQX 4,145]

1 hour ago, PatSquared said:

but I just reminded him to explain his rights and that the EAD is enough proof to show on the I9 form, etc., that he is legally able to work here.

Yup. And employers can't dictate which documents must be presented: https://www.uscis.gov/i-9-central/legal-requirements-and-enforcement/penalties

Employers Must Not

• Discriminate against individuals on the basis of national origin, citizenship, or immigration status.
• Request more or different documents than are required to verify employment eligibility, reject reasonably genuine-looking documents, or specify certain documents over others.
• Retaliate against or intimidate individuals because they: file charges with the Department of Justice’s Immigrant and Employee Rights Section (IER); cooperate with an IER investigation; contest action that may constitute unfair documentary practices or discrimination based on citizenship or immigration status, or national origin; or assert their rights under the INA's anti-discrimination provision.
• Hire, recruit for a fee, or refer for a fee unauthorized aliens they know to be unauthorized to work in the U.S.

1 hour ago, PatSquared said:

Curious if anyone using their EAD to work has encountered any issues during the hiring process?

If it happens I recommend contacting DOJ's Immigrant and Employee Rights Section. Examples of employers getting in legal trouble for violating the relevant laws: https://www.justice.gov/crt/immigrant-and-employee-rights-section-news

Edited January 8, 2021 by HRQX

[PatSquared 57]

1 hour ago, HRQX said:

Yup. And employers can't dictate which documents must be presented: https://www.uscis.gov/i-9-central/legal-requirements-and-enforcement/penalties

Employers Must Not

• Discriminate against individuals on the basis of national origin, citizenship, or immigration status.
• Request more or different documents than are required to verify employment eligibility, reject reasonably genuine-looking documents, or specify certain documents over others.
• Retaliate against or intimidate individuals because they: file charges with the Department of Justice’s Immigrant and Employee Rights Section (IER); cooperate with an IER investigation; contest action that may constitute unfair documentary practices or discrimination based on citizenship or immigration status, or national origin; or assert their rights under the INA's anti-discrimination provision.
• Hire, recruit for a fee, or refer for a fee unauthorized aliens they know to be unauthorized to work in the U.S.

If it happens I recommend contacting DOJ's Immigrant and Employee Rights Section. Examples of employers getting in legal trouble for violating the relevant laws: https://www.justice.gov/crt/immigrant-and-employee-rights-section-news

Thank you for this! This is good to have handy. Hoping we don’t have to resort to this method, though, and that they onboard him without any issues.

[HRQX 4,145]

19 minutes ago, PatSquared said:

Hoping we don’t have to resort to this method,

It's good knowing there's the option of informing the Federal government about employer violations. And when employers retaliate they put themselves into more legal trouble.

https://www.justice.gov/opa/pr/justice-department-settles-immigration-related-discrimination-claims-against-law-firm-and "and offer $11,875 in back pay to the affected worker to resolve the retaliation claim. The companies will jointly offer a $55,000 back-pay fund to other affected workers"

https://www.justice.gov/opa/pr/justice-department-settles-citizenship-status-discrimination-against-south-carolina-security "establish a $75,000 back pay fund for affected workers, and pay the worker whose discrimination complaint prompted the investigation $7,907.81 in back pay."

Edited January 8, 2021 by HRQX

[lstm 12]

Hi,

 

Is there anyone employment or family based that has his/her green card interview waived and for the green card at mail? 

[KK and UR 21]

A positive update from my end, I have been able to successfully expedite my EAD basis a job offer (filled under financial loss category). Posting a timeline of the same for reference. My card arrived on 1/9/2021 (shipped through premium priority mail) and my SSN arrived today 1/11/2021 ( I had applied for SSN by checking the option my EAD). It has been a fairly quick turn around since I requested the expedite on 12/18/2020 and I feel there is still hope for people who had their biometric after like 7 months of waiting.