Anxious -- no receipt notice yet. Am I still in status?

S

sudhany

Registered Users (C)
We fedexed applications for my AOS (I-485, I-130, I-864) and EAD (I-765) to the Chicago lockbox on August 26. (Actually, we sent it to the street address that they give for non-USPS deliveries.) The Fedex online system shows delivery and signature on Monday, August 28, which was 9 days ago, and we still haven't heard a peep. None of the checks we sent appears to have been cashed either. Should I be worried, or does it normally take USCIS so long to send a receipt notice? What have your experiences been? I seem to notice from other people's signatures that at least the checks got cashed pretty soon after delivery.

Part of the reason I'm so anxious is that my F1 status expired as of August 31. I'm hoping I'm still okay because I technically filed for AOS before my status expired. Anything I can do at this point besides wait? Will calling the 1-800 number be of any use?

Thanks again for all your help. I would be a nervous wreck without this forum ;)
 
Be patient. Your short, if any, overstay will be forgiven, and I'm sure your checks will be cashed soon. Given the holiday weekend, and a few other factors, they're probably being a little slow right now.
 
Mine was sent august 18 and i just received the NOA today... be patient though i know sometimes its hard :)
 
Thanks, dr lha and camster! It's good to know that it's taking a while for people to hear back. Maybe now I can stop checking our bank account every few hours to see if the checks have posted. :rolleyes:
 
TheRealCanadian said:
If the I-485 was received by USCIS before the F-1 expired then no overstay occurred.
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Not sure what your point is here. If they got the I-485 before the F-1 expired, then there was no overstay. If they got it after the F-1 expired, then there was overstay, but overstay is forgiven if married to a USC.

Either way its not an issue.
 
I found this text on the USCIS website - Forms and Fee webpage:
NOTE: Due to an unusually large volume of receipts at the Service Centers, it is taking longer than expected to enter cases into the system. Depending on the type of case and service requested, it may take approximately 14 days to generate and mail receipt notices. Once the receipt notice has been generated, it may take an additional 2 to 3 days for customers to receive their receipt notices in the mail. Per existing policies and procedures, requests for Premium Processing Service will continue to be processed within 15 days. USCIS wishes to assure all customers that the original received date will be honored and recorded on the receipt notice. This date will appear in the "Received Date" box on Form I-797, Notice of Action. The received date is different from the "Notice Date", which also appears on Form I-797. The Notice Date is the date the receipt notice was actually generated. USCIS has taken appropriate measures to address this situation.
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Yay, the checks have been posted! Never before have I been so glad to see large sums of money vanish from my account.

I guess I wasn't sure which date was relevant for being considered pending AOS -- the receipt date or the notice date. Your replies all seem to suggest that it's the receipt date. I was also worried that my application wouldn't be "accepted," for whatever reason -- sudden fee change, some important document left unsigned etc. But now that they've cashed the checks, I'm not worried about that.

Thanks again, guys.

By the way, I'm still in status, right, even if they send us an RFE?
 
Yeah, you're fine now. The only way you can go out of status is if you get denied AOS or leave the country without Advance Parole.

BTW - paranoia is a normal part of this process.
 
dr_lha said:
Not sure what your point is here. If they got the I-485 before the F-1 expired, then there was no overstay. If they got it after the F-1 expired, then there was overstay, but overstay is forgiven if married to a USC.

Either way its not an issue.
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His point is a technicality, though still relevant. The OP did send the letter so they could receive it before the F1 expiration date, but since they are backlogged they may only process it after the F1 expiration date. From your earlier comment, it seemed as if they only record the date when they actually enter it into the system(possibly after the exp. date), but that the period of unauthorized stay is forgiven.

This is not really correct: while unauthorized stay for immediate relatives is forgiven, the OP WOULD NOT HAVE INCURRED ANY OVERSTAY to start with. If the application arrives before expiration date, the date of receipt is recorded. Even if they only enter/process it 10 days after exp. date, the date of receipt is used to calculate overstay.

Hence, provided that the OP mailed it so that USCIS receives it before exp. date, there is no overstay to be forgiven.
 
There is a clause on F-1 visa, there is a 60-day grace period after graduation. Not sure if that clause has changed after September 11, 2001. I was told by my school that I had 60 days after completion of my degree (whatever date is printed on my diploma).

So that being said, you are okay.

I did not get my receipts for like two wks... check my signature for the time it took to get my receipts.

Don't worry about the receipt just yet.... unless it's been 30 days after they cashed your checks. My receipt was dated a couple days after my check was cashed.
 
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