EAD not arrived - need urgent advice

Folks,

I need your help on my case. I have the EAD/AP combo card that expires on Jan 22 2016.

• On Oct 7 2015, I applied for my EAD/AP renewal. There was an error on the EAD form - I signed where it was supposed to be dated and vice versa, so they rejected and asked to resubmit the EAD renewal request on Oct 19 2015 and I resubmitted on that day itself.

• On Oct 21 2015, meanwhile I received the receipt for the AP request, and later on Oct 23 2015 I received the separate receipt for the resubmitted EAD renewal

• On Nov 30 2015, I received AP renewal in a form. At this point I figured there wont be any combo card anymore because both applications probably got split due to the resubmission. Oh well.

• Today is Jan 14 2016 and I still have not received my EAD renewal. I have opened a USCIS case inquiry but they said they will get back to me in 15-30 days (!)

QUESTIONS

So the question is what do I do if I have not received my EAD renewal beyond 01/22/2016. I am currently working on EAD only and have let go of H1 long time ago. Do I need to move out of the country (I have my AP renewed already, remember), or do I need stay here but not work until I get EAD renewal, or do I stay here and continue to work since the application is already pending?

On another note, there was a brief moment of panic because just when I opened that USCIS inquiry, probably coincidentally I got the SMS notification stating that USCIS has issued an RFE for my I-485 application. Initially I thought something was wrong with my entire case but after seeing that several 2009 PD applicants are indeed getting RFEs, hoping that the timing of the RFE on I-485 was unrelated to my EAD renewal mess

I need someone to tell me that everything is going to be okay. Help! and Thanks You all for reading my long post.

Your stay in US is based on your pending I-485, which is still intact. No need to worry. You can stay in US.
However when EAD expires and you don't have new EAD, you should stop working.

What does stop working mean ?
Taking a leave and staying home is not enough. There should not be an employer-employee relationship. So effectively, you should be terminated and resume work only once you get your new EAD. ( Discuss with a lawyer)
Since GC is for a future job, on AOS, one need not be working, but need a job offer when I-485 is being adjudicated. Since you have received an RFE, they will probably ask for EVL. Get a letter from your employers saying you have a job offer once GC is approved.

self.coach - your stay in US is ok. So no need to go back to out of US.

You probably can't work. Ask a lawyer.

But if you can't work - then instead of terminating the relationship with employer - explore if "Furlough" is an option.

That's all I can say. Good luck and hang in tight. Things will be alright.

self.coach - its a very stressful situation to be in. Hope your renewal comes before EAD expiration.

My understanding is that once your EAD expires, you can not continue to work. You can not be on a payroll. I don't think you need to leave the country - especially since you already have AP - so you are lawfully present in the country. Your status is AoS - that status does not change even if EAD expires.

self.coach - I had the same situation last year. My new EAD card arrived on the day my old one expired !! I took the help of senator to expedite my case since I abandoned my H1B a long time ago and was working on EAD. Your senator can get your case expedited since you have already crossed the 75 day limit. It's worth a shot since you still have about a week left. This work better than logging an SR to USCIS per my experience. All the best.

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Originally Posted by qesehmk

self.coach - your stay in US is ok. So no need to go back to out of US.

You probably can't work. Ask a lawyer.

But if you can't work - then instead of terminating the relationship with employer - explore if "Furlough" is an option.

That's all I can say. Good luck and hang in tight. Things will be alright.

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Thanks everyone for the prompt response. Is it okay to stay without a job when on EAD? I guess this really messes up my response to RFE if USCIS decides to take their own sweet time. It's like they are not giving an opportunity to stay employed and then asking for an EVL. Talk about adding insult to injury.

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Originally Posted by cricfan

self.coach - I had the same situation last year. My new EAD card arrived on the day my old one expired !! I took the help of senator to expedite my case since I abandoned my H1B a long time ago and was working on EAD. Your senator can get your case expedited since you have already crossed the 75 day limit. It's worth a shot since you still have about a week left. This work better than logging an SR to USCIS per my experience. All the best.

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Interesting. How did you find and what did you tell the senator? I have never done this before so need directions from scratch.

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Originally Posted by self.coach

Thanks everyone for the prompt response. Is it okay to stay without a job when on EAD? I guess this really messes up my response to RFE if USCIS decides to take their own sweet time. It's like they are not giving an opportunity to stay employed and then asking for an EVL. Talk about adding insult to injury.

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I was in similar situation earlier this year. After 75 days, you can not only open a SR, but also request to expedite. Once requested to expedite on phone, they will send you an email asking for the reason. Get a letter from your HR saying if you do not receive your EAD renewal decision by this date, they you will be out of payroll and insurance. Respond to USCIS attaching this letter saying not getting EAD renewed in time would affect you and your family financially and also medically as no insurance. I got mine approved the next day I sent this letter. Hope it helps.

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Originally Posted by self.coach

Interesting. How did you find and what did you tell the senator? I have never done this before so need directions from scratch.

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You need to look for a senator in your state and call his or her office. You don't need to speak with the senator directly. Just explain your situation to whoever picks up the phone and someone from the immigration team(from the senator's office) would be assigned to work on your case. If you can prove that you are going to lose your job if you don't get EAD renewed on time, then you should get your EAD in no time. You can also state that you will accrue financial losses since you cannot get paid until you get your new EAD after your existing one expires. You can get such letters from your HR. The senator office will ask you to email/fax them your proof. This process is much easier than calling USCIS directly. I did both. But this one worked for me. USCIS never responded to my SR. Senator's office usually has a liaison in the USCIS office. So, they can get your case expedited.

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Originally Posted by gcq

Your stay in US is based on your pending I-485, which is still intact. No need to worry. You can stay in US.
However when EAD expires and you don't have new EAD, you should stop working.

What does stop working mean ?
Taking a leave and staying home is not enough. There should not be an employer-employee relationship. So effectively, you should be terminated and resume work only once you get your new EAD. ( Discuss with a lawyer)
Since GC is for a future job, on AOS, one need not be working, but need a job offer when I-485 is being adjudicated. Since you have received an RFE, they will probably ask for EVL. Get a letter from your employers saying you have a job offer once GC is approved.

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gcq, I agree everything except for the termination part. Employee need not necessarily required to be terminated.

In a way we can call it as 'Furlough' , but Furlough has the flexibility to continue with the employer share of the benefits paid by the company, if employer is willing to pay so .

In self coach's case, during his excel, none of the benefits should be paid by the employer. Employee can continue his/her Medical/life insurance without breaking the contract by paying 100% of the premium by him/herself.

No out status/leave the country fear Mr.self coach. You are doing good.

It is absolutely ok to stay without a job. Green card is for future employment. For most of us the current job happens to be the future job. But it doesn't have to be.

Quote:

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Originally Posted by self.coach

Thanks everyone for the prompt response. Is it okay to stay without a job when on EAD? I guess this really messes up my response to RFE if USCIS decides to take their own sweet time. It's like they are not giving an opportunity to stay employed and then asking for an EVL. Talk about adding insult to injury.

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Quote:

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Originally Posted by raj888

I was in similar situation earlier this year. After 75 days, you can not only open a SR, but also request to expedite. Once requested to expedite on phone, they will send you an email asking for the reason. Get a letter from your HR saying if you do not receive your EAD renewal decision by this date, they you will be out of payroll and insurance. Respond to USCIS attaching this letter saying not getting EAD renewed in time would affect you and your family financially and also medically as no insurance. I got mine approved the next day I sent this letter. Hope it helps.

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Thanks for the tips. I just submitted the Expedite Request, and they said that I will be contacted in 5 days.

This is a great suggestion. I need to file this somewhere for when I go for my next EAD/AP renewal (thankfully not until 2017 - which is just next year - sh*t!)

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Originally Posted by raj888

I was in similar situation earlier this year. After 75 days, you can not only open a SR, but also request to expedite. Once requested to expedite on phone, they will send you an email asking for the reason. Get a letter from your HR saying if you do not receive your EAD renewal decision by this date, they you will be out of payroll and insurance. Respond to USCIS attaching this letter saying not getting EAD renewed in time would affect you and your family financially and also medically as no insurance. I got mine approved the next day I sent this letter. Hope it helps.

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Originally Posted by imdeng

This is a great suggestion. I need to file this somewhere for when I go for my next EAD/AP renewal (thankfully not until 2017 - which is just next year - sh*t!)

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Ok, my situation just got stickier. I have just received a USCIS email stating that expedite request has been denied. Exact verbiage:

We have received your service request and researched the status of your case. On January 14, 2016, you were issued a request for evidence (RFE). You should receive the notice within 30 days. We cannot move forward with processing your case until we receive your response. Your request for expedite processing is has been denied.

In this case, I don't know if I should go to the Senator or not. Please advice.

Quote:

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Originally Posted by self.coach

Ok, my situation just got stickier. I have just received a USCIS email stating that expedite request has been denied. Exact verbiage:

We have received your service request and researched the status of your case. On January 14, 2016, you were issued a request for evidence (RFE). You should receive the notice within 30 days. We cannot move forward with processing your case until we receive your response. Your request for expedite processing is has been denied.

In this case, I don't know if I should go to the Senator or not. Please advice.

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Try calling USCIS L2 officer and ask him to expedite the case explaining him the situation. Customer support representatives are the ones who file the expedite request. IO might have received a a standard request which he might have ignored. Talking to an L2 officer may make the difference.

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Originally Posted by gcq

Try calling USCIS L2 officer and ask him to expedite the case explaining him the situation. Customer support representatives are the ones who file the expedite request. IO might have received a a standard request which he might have ignored. Talking to an L2 officer may make the difference.

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How do I talk to the L2 Officer? Is there a number?

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Originally Posted by self.coach

How do I talk to the L2 Officer? Is there a number?

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When I had to do it, I asked the rep to transfer me to L2 officer as I had to discuss this issue with an L2 officer. ( I had to expedite my AP request at one time)

Also when talking to L2 officer present it in such a a way that it fits one of the following criteria. Any request that doesn't fir one of these criteria will be denied by USCIS

https://www.uscis.gov/forms/expedite-criteria

Quote:

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Expedite CriteriaUSCIS reviews all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met.

USCIS may expedite a petition or application if it meets one or more of the following criteria:

Severe financial loss to company or person;
Emergency situation;
Humanitarian reasons;
Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
Department of Defense or national interest situation;
USCIS error; or
Compelling interest of USCIS.
For more, see our Policy Manual..

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self.coach,

This RFE is for updating the I-485 file with the latest EVL and to keep the I-485 open and pending. More over, it should be the officer who in-turn charge of your EAD/AP file have had declined your request for expedition , sighting the RFE response pending status of your I-485. My guess is that you may have to wait until the RFE response reaches USCIS.

But, it is nothing wrong in putting another request to the USCIS, by explaining your current situation.

coach - i saw your private message. Replying here to keep continuity of thought.

First - I think it is very nasty on part of USCIS to issue RFE on the same day when you call them. Definitely definitely reach out to your senator. Nothing wrong in that. Senators are very very helpful. I had a terrific experience with McCain in arizona.

Second - as GCQ suggests you need to think about a legitimate justification why you want to expedite. I would think that this situation is going to result in financial loss. So perhaps that's the way to pitch it.

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Originally Posted by qesehmk

coach - i saw your private message. Replying here to keep continuity of thought.

First - I think it is very nasty on part of USCIS to issue RFE on the same day when you call them. Definitely definitely reach out to your senator. Nothing wrong in that. Senators are very very helpful. I had a terrific experience with McCain in arizona.

Second - as GCQ suggests you need to think about a legitimate justification why you want to expedite. I would think that this situation is going to result in financial loss. So perhaps that's the way to pitch it.

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Well, RFE was issued on Jan 12th and I expedited on Jan 14th. I know that the letter says that you were issued the RFE on the 14th, but when I check the SRC number, it says that it was issued on the 12th. But the expedite request was already denied, so how do I still push it?

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Originally Posted by self.coach

Well, RFE was issued on Jan 12th and I expedited on Jan 14th. I know that the letter says that you were issued the RFE on the 14th, but when I check the SRC number, it says that it was issued on the 12th. But the expedite request was already denied, so how do I still push it?

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I had the same experience when I raised AP expedite request. When I raised the request SR told me USCIS will ask additional documents before considering the expedition request. However the IO who worked on the expedition request straight away denied my expedition req citing "insufficient supporting docs". When I contacted IO I asked him how can I provide additional documents when USCIS hasn't even requested it. These people are government employees with no accountability to anyone. When I finally raised another request through IO and submitted documents to support it, he still denied it saying loss of hundreds of dollars in flight cancellation is not financial hardship as per USCIS guidelines. I asked him what is a financial hardship as per their standards ? He replied, unable to pay bill is ! Wow !

However in your case it is a reason that USCIS recognizes for expedition. So go ahead and raise a request with a level 2 officer ( Not a SR). All are cra* but L2 is level2 cra* !

self.coach - this is a matter where you need to not think much and just push the process forward from any and all angles possible. Call BOTH your Senators offices - call your Congressperson's office, call USCIS and ask to talk to a Level 2 officer. Call Senators/Congressperson everyday if needed. Just keep swinging and one of them will hit. You have a clear case for financial hardship as you will have to stop working and with loss of your only income you will not be able to pay mortgage/rent/bills/etc. Think of how you would deal with sarkari babus (English - petty govt officials) in India - this is a similar situation.

Its infuriating how stupid this situation is. I hope it will all resolve fine for you. Meanwhile - don't despair and keep charging on.

Quote:

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Originally Posted by self.coach

Well, RFE was issued on Jan 12th and I expedited on Jan 14th. I know that the letter says that you were issued the RFE on the 14th, but when I check the SRC number, it says that it was issued on the 12th. But the expedite request was already denied, so how do I still push it?

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Quote:

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Originally Posted by imdeng

self.coach - this is a matter where you need to not think much and just push the process forward from any and all angles possible. Call BOTH your Senators offices - call your Congressperson's office, call USCIS and ask to talk to a Level 2 officer. Call Senators/Congressperson everyday if needed. Just keep swinging and one of them will hit. You have a clear case for financial hardship as you will have to stop working and with loss of your only income you will not be able to pay mortgage/rent/bills/etc. Think of how you would deal with sarkari babus (English - petty govt officials) in India - this is a similar situation.

Its infuriating how stupid this situation is. I hope it will all resolve fine for you. Meanwhile - don't despair and keep charging on.

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I talked about this situation with my company HR and they are willing to cooperate in any legal way that they can but yes, this situation is surely infuriating and stupid. Thanks for all your support, guys!

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Originally Posted by self.coach

Well, RFE was issued on Jan 12th and I expedited on Jan 14th.
.... how do I still push it?

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That's an unbelievable coincidence. I don't believe in such coincidences. But I hear you. You can't fight that. So as Kanmani says ... try all that you can. Eventually you are going to come out of it. It's the inbetween that's going to kill you. But hang in there and keep us posted.

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Originally Posted by gcq

All are cra* but L2 is level2 cra* !

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Genius GCQ. That made me laugh.

Quote:

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Originally Posted by self.coach

I talked about this situation with my company HR and they are willing to cooperate in any legal way that they can but yes, this situation is surely infuriating and stupid. Thanks for all your support, guys!

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Does your company has office out side US and are you able to work from there?

One of my colleague did that last year when he was in same situation. He was advised to work out of India office.

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Originally Posted by suninphx

Does your company has office out side US and are you able to work from there?

One of my colleague did that last year when he was in same situation. He was advised to work out of India office.

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Unfortunately no.

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Originally Posted by qesehmk

That's an unbelievable coincidence. I don't believe in such coincidences. But I hear you. You can't fight that. So as Kanmani says ... try all that you can. Eventually you are going to come out of it. It's the inbetween that's going to kill you. But hang in there and keep us posted.

Genius GCQ. That made me laugh.

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Friends,
My issue is resolved. Thanks for all your help and support. Here is some feedback for the community during this experience.

My company's lawyer told me until this issue gets resolved, I could take PTO even though EAD had already expired. Her argument was that the PTO can be legally earned even after your work status is expired considering that it is reimbursement for work that was done with valid status. The company gladly gave me the option to choose either, and I opted for UNPAID LEAVE (furlough) where other benefits would continue to avoid complications. Deductions for health related matters will be done in subsequent pay checks when I get back to work.

2) Jan 22: I submitted AC 21 and i693 medical RFE, and after a couple of days my i485 case got updated acknowledging the receipt.

3) Interestingly around the same time I got another RFE on my EAD Renewal case, this time for most recent photographs. I responded that paperwork.

4) Today, the EAD renewal case was updated - card is in production and I wait for the response.

So I did not go out of US and neither did I work from India or another country - I simply sat home, played a lot of Xbox (Don Bradman's cricket game, aced it already!) and binge watched Grey's Anatomy.

Quote:

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Originally Posted by self.coach

Friends,
My issue is resolved. Thanks for all your help and support. Here is some feedback for the community during this experience.

My company's lawyer told me until this issue gets resolved, I could take PTO even though EAD had already expired. Her argument was that the PTO can be legally earned even after your work status is expired considering that it is reimbursement for work that was done with valid status. The company gladly gave me the option to choose either, and I opted for UNPAID LEAVE (furlough) where other benefits would continue to avoid complications. Deductions for health related matters will be done in subsequent pay checks when I get back to work.

2) Jan 22: I submitted AC 21 and i693 medical RFE, and after a couple of days my i485 case got updated acknowledging the receipt.

3) Interestingly around the same time I got another RFE on my EAD Renewal case, this time for most recent photographs. I responded that paperwork.

4) Today, the EAD renewal case was updated - card is in production and I wait for the response.

So I did not go out of US and neither did I work from India or another country - I simply sat home, played a lot of Xbox (Don Bradman's cricket game, aced it already!) and binge watched Grey's Anatomy.

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Glad to hear this Self! Good on you for sticking it out. Your attorney's advice makes sense.

Glad to know that it worked out self.coach. Good lesson for all of us in approaching these matters calmly.