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Unknown Status AOS, EAD in jeopardy?

Unknown Status AOS, EAD in jeopardy?

Old Sep 24th 2002, 12:45 am
  #1  
Mrs. Yank
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Default Unknown Status AOS, EAD in jeopardy?

We had our AOS adjustment interview in Charleston, SC, on August 14th 2002, read our story at http://britishexpats.com/forum/showt...threadid=93049

Everything went well, except that the Charleston sub-office takes fingerprints the same day as the interview, so NO stamp at the end of a successful interview! So... What's the problem? Well... this:

I found a job at the beginning of October 2001, but they wanted me to start in November. At that time, my temporary 90-day EAD had expired, so they wouldn't allow me to start working! We had to wait until we got married, and we could file for AOS as well as a new EAD.

My current EAD will expire on January 3rd, 2003. As far as we know it takes about 3 months to process an EAD application, so we really should file for renewal at the end of this week.

It's been a month and a half since the interview now, and there is a possibility that our case has been approved! BUT... we haven't heard anything from the INS.

The lady who did your interview, told us that processing the fingerprints and the security check would take anywhere between 2 days and 6 weeks, so not to worry. On the other hand, she asked us, if we hadn't heard anything by mid-September, to remind her of our case.

So, we wrote her a letter, that she probably received about the 12th. Still nothing. Unfortunately, I just sent it regular mail, so there's no telling whether it was delivered or not. So, today I sent the INS another letter, this time 'return receipt'!

I know for a fact that my employer will send me home if I can't show them a valid EAD, and I don't want to lose my job over this! Okay, I guess I'm lucky to be working, but it's a low paid job, and if there's some way to save $120 for an unnecessary EAD application, it would be welcome!

Are there any couples out there, that have similar experiences with the Charleston office, and are waiting too? We would love to know!

Last edited by Petra; Sep 24th 2002 at 12:55 am.
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Old Sep 24th 2002, 12:56 am
  #2  
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Default Re: Unknown Status AOS, EAD in jeopardy?

Petra

That stinks ;-(((( Glad that you sent the second letter return receipt so that you know it arrived there. Perhaps express mail might have been better with a letter expressing your need to know as your EAD will expired and you need to know if you have to re-file for a renewal.

Regardless have my fingers crossed that you hear from her within the next week so you can make a decision on the EAD.

Rete
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Old Sep 24th 2002, 5:03 pm
  #3  
Chris Parker
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Default Re: Unknown Status AOS, EAD in jeopardy?

    > My current EAD will expire on January 3rd, 2003. As far as we know it
    > takes about 3 months to process an EAD application, so we really should
    > file for renewal at the end of this week.

File it immediately I'd say (should have done so the day of your
adjustment interview when you didn't get the I551)!

    > It's been a month and a half since the interview now, and there is a
    > possibility that our case has been approved! BUT... we haven't heard
    > anything from the INS.

Your EAD will be denied if your case is approved. Alternatively, they
may give you the I551 stamp instead of issuing an I688B at the
appointment. I can't see how you won't get one of those, unless
somehow they decide that adjustment was abandoned or must be denied.

    > So, we wrote her a letter, that she probably received about the 12th.
    > Still nothing. Unfortunately, I just sent it regular mail, so there's no
    > telling whether it was delivered or not. So, today I sent the INS
    > another letter, this time 'return receipt'!

File the I765 with fee. That'll give the appropriate people a notice
to finish up your case.

You might want to submit a case status inquiry also, to make it clear
to them that you have not abandoned your application.


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Old Sep 24th 2002, 5:24 pm
  #4  
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Default Re: Unknown Status AOS, EAD in jeopardy?

[QUOTE][SIZE=1]Originally posted by Chris Parker:
[Your EAD will be denied if your case is approved. <snip>
File the I765 with fee. That'll give the appropriate people a notice
to finish up your case.


Not particularly true. INS has been known to accept the fee for the I-765 and send out appointment letters to pick it up while another department is in the process of sending out the approval letter re AOS. And yes the receipt of the application for renewed EAD might be a wake up call but only if the application catches someone's eye who cares enough to ask of the DAO handling the case what the status is.


You might want to submit a case status inquiry also, to make it clear
to them that you have not abandoned your application.

Been there; done that; have the burn marks. Sent case status inquiry forms to both NYC INS and Vermont, not once, but twice and nary a word from any of them. It was only intervention by our House Rep's liasion that proved instrutmental in getting the Supervisor to find out why a year later the I-89 was never sent by the DAO to the Service Center for processing. My experience, and others, have been that status inquiries sit on a shelf until someone at INS finds they have nothing better to do with themselves.

RW
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Old Sep 24th 2002, 10:19 pm
  #5  
Mrs. Yank
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Default Re: Unknown Status AOS, EAD in jeopardy?

Geeee... Never thought of bringing the EAD renewal application and a check with me to the AOS interview!
I guess we were confident that we would get approved, since there is no reason (we can think of) why it should be denied!
(No, we did NOT abandon the AOS, we love each other waaaay too much *W*)

IF our case has been approved, of course the application for a new EAD will be denied... and at the same time it means that we'll flush a mere $120 down the drain!

And, of course we called the INS hotline to request a case status inquiry! The problem was that according to the person I talked to, it takes just as long, or even longer (between 4 and 8 weeks!!)
Did it anyway, needless to say we haven't heard from them either. By the way, I called first, then mailed my first letter directly to the Charleston office.

What are you telling me, should I send my I-765 EAD renewal application at the attention of that same lady that did our interview? Give her a chance to make a decision on the AOS, and stop the INS from cashing the check??
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Old Sep 25th 2002, 2:12 pm
  #6  
Chris Parker
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Default Re: Unknown Status AOS, EAD in jeopardy?

    > What are you telling me, should I send my I-765 EAD renewal
    > application at the attention of that same lady that did our interview?
    > Give her a chance to make a decision on the AOS, and stop the INS from
    > cashing the check??

I'm telling you that the person who adjudicates the I-765 is
responsible for verifying that your adjustment application is still
pending. If it has been approved, I'd think his responsibility would
shift to getting you an I-551.

The I765 also might serve a "payoff" opportunity to get (bribe?) INS
to finish the adjustment application.


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