Issue with post i485 interview RFE

[CDIRL 32]

Hello,

 

A friend of mine and his wife filed i130, i131, i765, i485 in October 2019. Interview was postponed in April 2020 due to COVID, and was rescheduled in January 2021, in Holtsville, NY Field Office. 

 

Following the interview, they received an RFE for 2020 IRS transcripts, 1040 and unemployment insurance benefits and end dates. They sent this on February 17th via UPS, and was signed for on February 18th. Since then, there has been no movement on his case. He has contacted both tier 1 and tier 2 agents, and been in touch with his congressperson, but has been stonewalled. He has been told that none of the RFE has been applied to his case, and that he can re submit the documents at this time.

 

His EAD card has expired as of March 2021, and he did not file an extension, as he was told by his lawyer that, due to the AOS interview, it could potentially complicate the process. He is undergoing extreme financial hardship at the moment, as he is unable to work, and his wife is still on a low UI benefit. 

 

Can anyone please provide me with any potential avenues to pursue in assisting my friend?

 

Thanks

[HRQX 4,145]

13 minutes ago, CDIRL said:

and he did not file an extension, as he was told by his lawyer that, due to the AOS interview, it could potentially complicate the process.

I strongly disagree with that lawyer's "advise" on that subject. I filed for I-765 and I-131 renewal after my I-485 interview (I was handed "Case is being held for review" paper and then received RFE) and the renewal applications were approved since my I-485 is still currently pending.

Edited April 8, 2021 by HRQX

[CDIRL 32]

Just now, HRQX said:

I strongly disagree with that lawyer's "advise" on that subject. I filed for I-765 and I-131 renewal after my I-485 interview and the renewal applications were approved since my I-485 is still currently pending.

Did your previous i765 expire before you refiled? Will my friend be eligible for 180 day renewal when he receives NOA if he does file?

[HRQX 4,145]

56 minutes ago, CDIRL said:

Did your previous i765 expire before you refiled?

I have always filed the renewal before the card/document expired. When my initial I-485 interview was scheduled in 2019, my 1st renewal was already pending. The initial interview was on May 13, 2019 and my renewal was approved in September 2019. I submitted a 2nd renewal in July 2020 that was approved a few months later.

56 minutes ago, CDIRL said:

Will my friend be eligible for 180 day renewal when he receives NOA if he does file?

The renewal must have been timely filed so your friend's expired EAD will not be extended: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-documents-eads-in-certain-circumstances He'll now have to wait until either the newly filed I-765/I-131 or the pending I-485 is approved.

 

After filing the new I-765/I-131 he could try expediting the I-765. The expedite attempt is free to try: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

USCIS may consider an expedite request if it meets one or more of the following criteria:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  1. File the benefit request or the expedite request in a reasonable time frame, or
  2. Respond to any requests for additional evidence in a reasonably timely manner;
• Urgent humanitarian reasons;
• Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
• Clear USCIS error.

Edited April 8, 2021 by HRQX