E2 Renewal Approved - Spouse’s I-765 EAD renewal pending

[USACITIZEN 0]

First time post from a US citizen seeking guidance and information regarding EAD renewal for my sister-in-law who is spouse of an approved E2 renewal. 
 

In May 2020 an E2 renewal package including I-539 and I-129 and I-765 was submitted to USCIS California Service Center.

 

I-765 for SIL’s EAD renewal was also included in same package.

 

All fees including a Premium processing fee were included.

 

I-129 I-539 E2 renewal for primary beneficiary, my BIL was approved within about a week. 
 

I-765 for SIL EAD Renewal remains pending and previous EAD recently expired. 
 

historically renewals for all applicants in a E2 package have been taken care of at same time. Although the I-765 is not technically available for premium processing, USCIS has always handled it as I understand as a courtesy.

 

Please note at the time of filing via the CSC our family immigration attorney had seen typically approved within 90 days. Now well into the pandemic, USCIS has definitely dropped the ball as when an EAD is finally issued it will still have the same expiration date as BIL’s recently approved E2 renewal in 2022. USCIS collects full price but eventually will issue a reduced time EAD. As an American I am appalled and embarrassed our government is is so unfair To applicants.
 

SIL has been employed as an educator here in Washington state, for both higher education and K-12 Public School
 

SIL has now requested Expedited in the public interest via phone.

 

public interest as she is a Certified teacher in a speciality area where online teaching is not effective. An August 19, 2020 DHS and white house memorandum now list teachers in this arena as essential workers. Additionally SIL has contributed to research, is published, been keynote speaker at major conferences and has provided expert testimony in past to house education committee in her specialty area.

 

I reached out to one of our senators however just received a copy and paste sorry we can’t help you response.

 

Please share your simular experiences and suggestions so I can help my sister-in-law. 
 

thank you in advance for your guidance and will blessings to each of your immigration issues

 

 

 

 

 

[Boiler 45,807]

EAD standard processing is about 6 months, she has sought n expedite, will need to wait and see if it is approved.

[USACITIZEN 0]

17 minutes ago, Boiler said:

EAD standard processing is about 6 months, she has sought n expedite, will need to wait and see if it is approved.

Is the 6 month processing an average or specific to California Service Center for I-765 renewals? Again thank you very much for your response.

[Boiler 45,807]

EAD's are a national processing time.

[Verrou 1,962]

i just renewed my EAD that expired july 22, 2020 on may 1st,2020. they received on may 5th, 2020. if i remembered i sent it to texas ( depend on the case)

i followed the progress online using my receipt number. after the biometric is done ( please note they use my old biometric because of covid-19 ) the progress was stagnan for 2 months

finally they printed my card on july 27th, 2020 and sent it mid august 2020. so roughly it took about 3months in my experience. but depend on the case sometimes can be up to 6 months

Edited September 8, 2020 by Misscloud

[USACITIZEN 0]

2 hours ago, Misscloud said:

i just renewed my EAD that expired july 22, 2020 on may 1st,2020. they received on may 5th, 2020. if i remembered i sent it to texas ( depend on the case)

i followed the progress online using my receipt number. after the biometric is done ( please note they use my old biometric because of covid-19 ) the progress was stagnan for 2 months

finally they printed my card on july 27th, 2020 and sent it mid august 2020. so roughly it took about 3months in my experience. but depend on the case sometimes can be up to 6 months

Thank you MissCloud and congratulations on your recent EAD renewal. The timeline you experienced seem aligned with similar turnaround estimate my SIL‘s attorney indicated Based on other EAD renewal cases around May 2020 the firm was sending to California service center in Laguna Nigel. 
 
In our case an I-129 E2 renewal was simultaneously submitted May 14 2020 along with I-765 and applicable fees.

 

I-129 renewal Approved

 

 

 

Edited September 8, 2020 by USACITIZEN

[Verrou 1,962]

Did your SIL got receipt number or NOA of anything for the I-765 ? 

[USACITIZEN 0]

5/14/2020 Recipe RECEIVED for E2 renewal package:

I-129 petition for non-immigrant worker (renewal) WAC2019251****

I-539 Application to extend/change non-immigrant status. (Renewal) WAC2019251****

I-765 Application for employment authorization (renewal) WAC2019251****

 

7/22/2020 Approval notice received for I-129 petition for non-immigrant WAC2019251****

 

I-765 remains pending 

 

 

Edited September 8, 2020 by USACITIZEN

[USACITIZEN 0]

4 hours ago, Misscloud said:

Did your SIL got receipt number or NOA of anything for the I-765 ? 

What EAD Category was yours?

[Verrou 1,962]

12 hours ago, USACITIZEN said:

What EAD Category was yours?

i dont think it makes any different. all category will got NOA 

[USACITIZEN 0]

43 minutes ago, Misscloud said:

i dont think it makes any different. all category will got NOA 

Thanks. Was a bit curious as I recalled our immigration attorney making a previous commitment about there being over 30 different Visa categories which EADs are associated with. We didn’t understand what exactly he meant, although we should have asked:-)

[Verrou 1,962]

1 minute ago, USACITIZEN said:

Thanks. Was a bit curious as I recalled our immigration attorney making a previous commitment about there being over 30 different Visa categories which EADs are associated with. We didn’t understand what exactly he meant, although we should have asked:-)

yes he is right. there's many categories for that but the max processing time always 3-6 months ( roughly). that's why i applied 3 months before it expired

[USACITIZEN 0]

Excellent.

BTW just got off the phone with Tier 2. This USCIS officer was pretty sharp immediately jumping on the fact the I-129 which accompanied the I-765 was approved. USCIS T2 inferred biometrics “May not” be required as they have been trying to push processing through waiving biometric  on-a case by case basis due to COVID-19.

 

 

[Verrou 1,962]

15 minutes ago, USACITIZEN said:

Excellent.

BTW just got off the phone with Tier 2. This USCIS officer was pretty sharp immediately jumping on the fact the I-129 which accompanied the I-765 was approved. USCIS T2 inferred biometrics “May not” be required as they have been trying to push processing through waiving biometric  on-a case by case basis due to COVID-19.

 

 

yes no worries about the biometric. my old EAD photos is more update than my new EAD photos because the biometric was taken before the first EAD photo submission

[USACITIZEN 0]

USCIS Officer Now calling the pending I-765  EAD Renewal an “Administrative Error” -

 

Case now assigned to officer who has until Tuesday to make determination.