Question About Pending Expedite Approval, But No Word If It's Approved Or Not

[CanadianTank 9]

I was hoping someone could offer some insight into my situation.  My lawyers submitted the paper work for my AoS, and it was received on June 18th.  An expedite request was then submitted July 6th.  On July 10th, I got an RFE notice.  

 

My lawyer said there is a chance the expedite was approved, because of the quick turn around time for the RFE. He says it usually takes a lot longer.  Obviously my case cannot move forward until the USCIS receives the evidence, so I cannot get an answer if the request was approved or not. 

 

Has anyone else experienced anything like this?

[igoyougoduke 1,656]

you can call  USCIS if you want to know that expedited was approved. Odds are "Yes" that it triggered the RFE. USCIS basically opened your case on the trigger and RFE buys them time. as expedited some time cutoff.

[CanadianTank 9]

29 minutes ago, James120383 said:

you can call  USCIS if you want to know that expedited was approved. Odds are "Yes" that it triggered the RFE. USCIS basically opened your case on the trigger and RFE buys them time. as expedited some time cutoff.

This is promising news. 

 

I talked a rep through the USCIS live chat, and they said they didn't have any record of the expedite.  Would it be worth to talk to a tier 2 agent then?

 

And sorry, could you clarify what you mean by "....as expedited some time cutoff?"

[igoyougoduke 1,656]

40 minutes ago, CanadianTank said:

This is promising news. 

 

I talked a rep through the USCIS live chat, and they said they didn't have any record of the expedite.  Would it be worth to talk to a tier 2 agent then?

 

And sorry, could you clarify what you mean by "....as expedited some time cutoff?"

yeah  i dont know if level 2 has info or not. USCIS is wanky now a days. every rep gives a new answer.

 

expedited once approved has like 30 days before they need to make a decision. its an internal USCIS timeline. within 30 days they need to issue a, RFE or approve or deny the petition.

[CanadianTank 9]

8 hours ago, James120383 said:

yeah  i dont know if level 2 has info or not. USCIS is wanky now a days. every rep gives a new answer.

 

expedited once approved has like 30 days before they need to make a decision. its an internal USCIS timeline. within 30 days they need to issue a, RFE or approve or deny the petition.

I won’t bother calling. It seems like a waste of time 

 

So hypothetically you’re saying they are extending their timeline. The expedite was approved (maybe), but by sending out the RFE they bought themselves more time, for whatever reason they need. 

[igoyougoduke 1,656]

16 minutes ago, CanadianTank said:

I won’t bother calling. It seems like a waste of time 

 

So hypothetically you’re saying they are extending their timeline. The expedite was approved (maybe), but by sending out the RFE they bought themselves more time, for whatever reason they need. 

Yup their clock stops when they issued an RFE - indicating they have pushed out a decision that means expedited clock stops. it restarts when you send back a response to RFE. 

[CanadianTank 9]

1 hour ago, James120383 said:

Yup their clock stops when they issued an RFE - indicating they have pushed out a decision that means expedited clock stops. it restarts when you send back a response to RFE. 

Awesome.  Thanks for answering all my questions, James   

 

I'm seeing your biometrics is pending.  I hope you get it soon!

[geowrian 22,337]

The timing is a bit suspicious for it to not be related to the expedite being approved. So that was probably it.

 

I disagree on the RFE piece...an RFE only creates more work for everybody along the way. It saves no time with anybody. They would only issue an RFE if they believe they need more information to adjudicate the form. That doesn't mean it's not due to the IO overlooking a piece of paper that was already provided, or a paper getting lost along the way. That happens.

The RFE letter will explain the reason for the RFE.

 

To clarify, you requested an expedite on the EAD and/or AP, right? Expedite of the actual AOS is exceedingly rare except in cases of like a military deployment.

[CanadianTank 9]

On 8/4/2020 at 9:20 AM, geowrian said:

The timing is a bit suspicious for it to not be related to the expedite being approved. So that was probably it.

 

To clarify, you requested an expedite on the EAD and/or AP, right? Expedite of the actual AOS is exceedingly rare except in cases of like a military deployment.

My lawyer says "the whole file was most likely expedited.  I asked him if that meant, as in "When you say the entire file, does this mean I-130, I-132, I-485, and I-765 (plus whatever other forms there were)"

 

His answer was "No and yes. The quick turn around on the RFE appears to indicate that they expedited processing of the case.  They are currently awaiting the response."

 

So yeah, I'm paying someone a decent amount of money for cryptic answers

Edited August 7, 2020 by CanadianTank

[geowrian 22,337]

2 minutes ago, CanadianTank said:

My lawyer says "the whole file was most likely expedited.  I asked him if that meant, as in "When you say the entire file, does this mean I-130, I-132, I-485, and I-765 (plus whatever other forms there were)"

 

His answer was "No and yes. The quick turn around on the RFE appears to indicate that they expedited processing of the case.  They are currently awaiting the response."

 

So yeah, I'm paying someone a decent amount of money for cryptic answers

Cryptic for sure...sorry to hear.

 

When you expedite, you expedite a particular form. There is not a generic "expedite everything".

That said, they typically process the I-131 + I-765 together (resulting in a combo card), and do an initial review of the I-485 alongside that. Many RFIEs at this point are related to the I-864, which is part of the I-485, during the initial review.

After that is done, the I-485 sits in queue for the local field office to get an interview scheduled.

So what I'm guessing they meant is they expedited either the I-131 or I-765, and the other will hopefully come along with it, and the I-485 will get through the initial review sooner so it'll be in queue for an interview sooner as a result.

 

The reason I ask is an expedite on the I-485 itself is quite rare, barring military deployments. There is often little basis to need to expedite the actual green card...typically only work and/or travel authorization is needed to resolve issues. Exceptions would be like a serious medical condition of the petitioner, in which they may not be around or able to attend an interview later.

There would be no basis to expedite the I-130 when doing AOS...its approval does nothing for the rest of the process here.

[CanadianTank 9]

9 minutes ago, geowrian said:

Cryptic for sure...sorry to hear.

 

When you expedite, you expedite a particular form. There is not a generic "expedite everything".

That said, they typically process the I-131 + I-765 together (resulting in a combo card), and do an initial review of the I-485 alongside that. Many RFIEs at this point are related to the I-864, which is part of the I-485, during the initial review.

After that is done, the I-485 sits in queue for the local field office to get an interview scheduled.

So what I'm guessing they meant is they expedited either the I-131 or I-765, and the other will hopefully come along with it, and the I-485 will get through the initial review sooner so it'll be in queue for an interview sooner as a result.

 

The reason I ask is an expedite on the I-485 itself is quite rare, barring military deployments. There is often little basis to need to expedite the actual green card...typically only work and/or travel authorization is needed to resolve issues. Exceptions would be like a serious medical condition of the petitioner, in which they may not be around or able to attend an interview later.

There would be no basis to expedite the I-130 when doing AOS...its approval does nothing for the rest of the process here.

Quite cryptic, indeed.  I'm find with the I-131 and I-765 together. This is what I need anyhow. If this means a quicker I-485, so be it. I won't complain

 

Once I have an idea of what is actually happening. I'll be sure to let you know!

Edited August 7, 2020 by CanadianTank