EAD/AP processing time?

[mushroomspore 3,044]

Just now, haroldpburton said:

That makes sense. I think I read somewhere that if your RFE hasn’t been touched after 90 days, you can inquire about having it expedited - is that true?

I am not sure about that specific detail as I've not heard about that and my own AoS happened a few years ago. 

 

But I will note that you have a couple options if you receive no updates about your case in the next few months. I'd give it until March or so. I'm guessing you've also signed up for the online notifications?? I also strongly suggest signing up for USPS Informed Delivery if you haven't.

 

1. You can reach out to the USCIS Ombudsman. "Ombudsman" is a term that describes a person that can act as a communication channel. There are ombudsman for all kinds of things. Just Google "USCIS Ombudsman", fill out the form about your case and ask that they look into the EAD/AP status. The only thing about the USCIS Ombudsman is that they can take a long time to get back to you.

 

OR--

 

2. Google your area's Senator or Congressional representative. Go to their website and look for the page or sub-menu that says something like, "Help with a Federal Agency". They will have a form similar to the USCIS Ombudsman's form about requesting assistance with your case. But the results of reaching out to a government official varies, depending on your area/state's political leaning. I live in California, so my senator was Senator Kamala Harris. She technically is the California senator, but obviously she won't be for much longer. Her office did get back to me in a timely manner about my case and I do think they helped move a couple things ago. But I know someone in Texas who reached out to Senator Ted Cruz in a fit of desperation after not hearing from USCIS about their case. Cruz's office never responded. (I cannot write what I really think of Ted Cruz on this website because I'd get a lifetime ban LOL).

 

It's best if you only contact the Ombudsman OR a government official. Don't contact both at the same time. It's up to you which way you wanna go. But for now, the EAD/AP is still technically within normal processing times so there's no point in reaching out yet. 

[haroldpburton 1]

2 minutes ago, mushroomspore said:

I am not sure about that specific detail as I've not heard about that and my own AoS happened a few years ago. 

 

But I will note that you have a couple options if you receive no updates about your case in the next few months. I'd give it until March or so. I'm guessing you've also signed up for the online notifications?? I also strongly suggest signing up for USPS Informed Delivery if you haven't.

 

1. You can reach out to the USCIS Ombudsman. "Ombudsman" is a term that describes a person that can act as a communication channel. There are ombudsman for all kinds of things. Just Google "USCIS Ombudsman", fill out the form about your case and ask that they look into the EAD/AP status. The only thing about the USCIS Ombudsman is that they can take a long time to get back to you.

 

OR--

 

2. Google your area's Senator or Congressional representative. Go to their website and look for the page or sub-menu that says something like, "Help with a Federal Agency". They will have a form similar to the USCIS Ombudsman's form about requesting assistance with your case. But the results of reaching out to a government official varies, depending on your area/state's political leaning. I live in California, so my senator was Senator Kamala Harris. She technically is the California senator, but obviously she won't be for much longer. Her office did get back to me in a timely manner about my case and I do think they helped move a couple things ago. But I know someone in Texas who reached out to Senator Ted Cruz in a fit of desperation after not hearing from USCIS about their case. Cruz's office never responded. (I cannot write what I really think of Ted Cruz on this website because I'd get a lifetime ban LOL).

 

It's best if you only contact the Ombudsman OR a government official. Don't contact both at the same time. It's up to you which way you wanna go. But for now, the EAD/AP is still technically within normal processing times so there's no point in reaching out yet. 

This is SO helpful, I really appreciate you taking the time to answer all my questions. Since I live in Oregon, I think I could have some luck reaching out to a senator if it gets to that point. Understood about the Texas comment, lol. I’ll give it until March and decide from there. Thank you so much for your insight.

[mushroomspore 3,044]

3 minutes ago, haroldpburton said:

This is SO helpful, I really appreciate you taking the time to answer all my questions. Since I live in Oregon, I think I could have some luck reaching out to a senator if it gets to that point. Understood about the Texas comment, lol. I’ll give it until March and decide from there. Thank you so much for your insight.

No problem. Hey, I (and everyone else on this website) have been there. Even without COVID, this is still a stressful long agonizing process. Because they're a federal agency dealing with matters of national security, USCIS basically are just radio-silent towards applicants. I can totally understand why. But obviously, that doesn't make it any easier for us normal folk who are just trying to live our lives with our loved ones haha. Anyway, keep the senator thing in your back pocket for now...keep us updated as things move along. FYI, my husband and I filed our I-751 back in August...not a word or peep about our biometrics appointment. Smh. T_T

[haroldpburton 1]

5 minutes ago, mushroomspore said:

No problem. Hey, I (and everyone else on this website) have been there. Even without COVID, this is still a stressful long agonizing process. Because they're a federal agency dealing with matters of national security, USCIS basically are just radio-silent towards applicants. I can totally understand why. But obviously, that doesn't make it any easier for us normal folk who are just trying to live our lives with our loved ones haha. Anyway, keep the senator thing in your back pocket for now...keep us updated as things move along. FYI, my husband and I filed our I-751 back in August...not a word or peep about our biometrics appointment. Smh. T_T

Covid has truly thrown a wrench into our lives in regards to immigration. I’m thankful every single day that my wife came here before the pandemic truly started. She entered the US with her K1 visa in the first week of March. Had we waited any longer, who knows what would’ve happened. It’s tough being the only income and I know she’s bored at home all the time, but I’m so grateful to have her here in the states during the pandemic. I know it’ll take a while before she can work and travel but at least she’s here now, you know?

 

I will certainly keep you updated. Super appreciative of all your help!

[Gomast 65]

33 minutes ago, haroldpburton said:

That makes sense. I think I read somewhere that if your RFE hasn’t been touched after 90 days, you can inquire about having it expedited - is that true?

No. You can submit a request for outside normal processing times.

I am experiencing a similar situation. And I submitted multiple outside normal processing times (and expediting requests), both for the I-765 and for the I-485.

 

[haroldpburton 1]

11 minutes ago, Gomast said:

No. You can submit a request for outside normal processing times.

I am experiencing a similar situation. And I submitted multiple outside normal processing times (and expediting requests), both for the I-765 and for the I-485.

 

Have you had any luck after submitting that?

[Orangesapples 1,954]

1 hour ago, haroldpburton said:

Wish I had known that when we began this, but we’re stuck now. Is there any way to speed this up or do we just have to wait?

There are expedites possible and some people have been successful using a job offer as reason to expedite. However, you need to do biometrics first 

[Gomast 65]

53 minutes ago, Orangesapples said:

There are expedites possible and some people have been successful using a job offer as reason to expedite. However, you need to do biometrics first 

Yes, expedite for EAD is possible, and I’ve submitted it. What the OP was asking is about the 90 days after response to RFE of the AOS. In respect to this, he would need to submit and outside normal processing times request. 

Edited January 7, 2021 by Gomast
Typo

[Gomast 65]

1 hour ago, haroldpburton said:

Have you had any luck after submitting that?

My third request of outside normal processing times is still pending. USCIS has 30 days to respond. I also have a pending expedited request and a pending request to be contacted by a tier 2 officer. This weekend I’ll submit the letter to the ombudsman, senator and congressperson. 

[HRQX 4,145]

1 hour ago, Gomast said:

What the OP was asking is about the 90 days after response to RFE of the AOS. In respect to this, he would need to submit and outside normal processing times request. 

So currently it's still early for the request since OP responded to RFE on 11/27/2020. After late-Feb 2021 OP can submit the request.

[Gomast 65]

16 minutes ago, HRQX said:

So currently it's still early for the request since OP responded to RFE on 11/27/2020. After late-Feb 2021 OP can submit the request.

Exactly. 

[RPete 73]

7 hours ago, mushroomspore said:

Yes they don't approve EAD/AP if you've got a pending RFE on the I-485. The EAD/AP is dependent on the I-485 being given the "all-clear", so to speak. But even after you submit for the RFE, it's unclear how long the EAD/AP will take to be approved.

This isn’t true. I’m the August 2020 K1 AOS filers, someone received their EAD despite a pending RFE.

[BCG 13]

You can see the timelines of the recent EAD approvals logged on VisaJourney here: https://www.visajourney.com/timeline/eadlist.php?cfl=&op5=4,7,11,12

 

EAD cards seem to be getting approved within 2 months after a biometrics appointment these days, sometimes within a week or two after the biometrics appointment.

[Rocio0010 5,674]

15 hours ago, haroldpburton said:

Background: I’m a US citizen. Wife came to the US on a K1 visa in March 2020, we got married in May 2020, and applied for AOS in August 2020. We received a notice from USCIS in October that we had used an out of date form and needed to resubmit, so we did. They received our resubmission on 11/27. We then realized we could apply for her EAD/AP so she can begin working while we wait for her green card. That application was sent at the end of December and delivered to the Chicago lockbox this week. We have yet to receive a notice of receipt for that, which I assume will come within the next few weeks.

 

I have a few questions. First, when do you think we may get her EAD/AP so she can begin working? I’m seeing some people say at least a year - I truly hope it’s sooner than that. Second, we still haven’t heard anything about our resubmission of her AOS. At what point can we inquire about that? 90 days? Finally, is it true that her EAD/AP won’t move until the RFE is satisfied? In that case, should we push to get that taken care of ASAP? If so, how?

 

Thanks in advance!

OP, just to be clear, what did the RFE state? Was it specifically a RFE? Because from what I know, when you submit an outdated form, they don’t send RFE. Rather, they reject the package and so you have to start all over again, send the new forms, etc etc. And the time frames for that are different than a RFE.

[haroldpburton 1]

3 hours ago, ra0010 said:

OP, just to be clear, what did the RFE state? Was it specifically a RFE? Because from what I know, when you submit an outdated form, they don’t send RFE. Rather, they reject the package and so you have to start all over again, send the new forms, etc etc. And the time frames for that are different than a RFE.

I don’t have it in front of me, but it said that we had either used an outdated form OR my wife needed to provide a long form birth certificate. The weird part is that we did have any outdated forms and we did use her full birth certificate the first time. We resubmitted everything the same as the first time, making sure all the forms were up to date and her birth certificate was right. But it was an RFE. It was really confusing to us.