Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

As you may know that EAD processing can take sometimes longer than 90 days so I wouldn't take chance on that.
If you have received the delivery confirmation, you can go ahead and file Proof of Service. A sample template is in the forum, I couldn't locate it. Someone please post the link if you have it.
mosamno2 said:
hi guys, I need your advice. my EAD is going to expire very soon should I renew it or just wait for AUSA resonse ( and save some money) ?
BTW all defendant got the complaint after 10 days of delay at the USPS. when I have to file proof of service?
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mosamno2 said:
hi guys, I need your advice. my EAD is going to expire very soon should I renew it or just wait for AUSA resonse ( and save some money) ?
BTW all defendant got the complaint after 10 days of delay at the USPS. when I have to file proof of service?
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.
 
jefkorn,
what you saying is I should go ahead and renew the EAD is that right?
I didn't get the return reciept yet so i will call the court monday and ask if they accept the online delivery notifications.
 
mosamno2,
Yes, that's right. You need EAD to work and USCIS local offices haven't been known to be very cooperative in issuing the interim EAD even after 90 days since EAD application and you haven't received EAD. Generally USCIS doesn't expedite EAD processing and I think they advise you to apply in advance so you get the renewal in time before your current EAD expires. Unless you have plenty of time between now and when the EAD expires AND you find out from AUSA that USCIS is adjudicating your I-485 before your current EAD expires, my suggestion would be to renew it. I know it may turn out to be a waste of money if you get your green card soon after you get your EAD but that's where you have to decide if playing safe is worth it.
Court will most likely be ok with USPS online printouts of delivery confirmation but of course confirm first.
mosamno2 said:
jefkorn,
what you saying is I should go ahead and renew the EAD is that right?
I didn't get the return reciept yet so i will call the court monday and ask if they accept the online delivery notifications.
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jefkorn,
thank you sir. I don't have this much time so monday I will file the application for the EAD . is there is a problem if my EAD expires befor i get the new one ?
 
You are welcome. It's my understanding that there's problem if you don't get new EAD before your current EAD expires IF you want to work. Let say you apply for EAD renewal and you current EAD expired in the mean time and you have not received the new EAD card yet, you can't work in that interim period. You can still legally stay in US as you I-485 is pending but can;t work without EAD in hand.
You can also apply online (using efile) and this may save you some time. There's a thread on the forum that deals with EAD related issues and it also covers paper filing and e-filing procedures.

http://forums.immigration.com/forumdisplay.php?f=31

On working when EAD expired, from Attorney Murthy's Chat:
http://www.murthy.com/chatdb.asp?sFor=EAD+expire&Category=All&B1=Search

"
Question: Can a person continue working while waiting for EAD renewal with having receipt even if EAD expired?

Answer: No, the USCIS regulations require the EAD to be actually approved in order for one to be able to work legally. The individual is required to stop working when the EAD expires. It is considered unauthorized employment to work without the EAD approved. That is why it is recommended that one file the EAD extension exactly 120 days before the earlier one expires under the latest USCIS guidance in filing EAD extensions. Aug-4-2008.
"



mosamno2 said:
jefkorn,
thank you sir. I don't have this much time so monday I will file the application for the EAD . is there is a problem if my EAD expires befor i get the new one ?
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Jefkorn, as you have noticed I've filed my case in Boston last week. I've also opened a PACER account. How do I get the option to file elctronically? My current account only allow me to search.
 
You will have to file a motion to e-file which the Judge will rule on. It's most likely to be approved. Once approved, you will need to be setup with court's ECF system. Once that's done your PACER account can be connected with your ECF account and you will be able to start seeing the options to file new documents etc.

See here for details: http://forums.immigration.com/showpost.php?p=1936820&postcount=17082

The link to template in the post above is broken but I have attached the sample again.

You may want to get in touch with ECF/PACER support folks at the court and ask them how can you apply to efile online. You can call the PACER central help line and ask them for PACER support number at MA court.
MA court may ask if your motion for leave to efile has been granted or not. In that case you will have to wait for the judge to rule on your motion but they may even suggest that you can get started as far as the application process is concerned. The application is online https://pacer.mad.uscourts.gov/dc/cgi-bin/attyreg.html
They also require first time efilers to go through some sort of free online training which you could do ahead of time.

watertown said:
Jefkorn, as you have noticed I've filed my case in Boston last week. I've also opened a PACER account. How do I get the option to file elctronically? My current account only allow me to search.
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jefkorn,
do we have to go to the court to file any documents in the future or can we just mail them?
what about AUSA in person or mail?
 
I don't know if they accept documents by mail. You may want to check with Pro Se clerk, he is very helpful. Similarly you can check with AUSA's office about sending documents by mail.
MA court has a drop box facility within the court building where one can drop documents after hours (not sure about exact times but it's after 5 and before the building closes, probably 6(?) pm.
If you decide to electronically file documents, then you don't have to send in paper docs and AUSA will automatically get a copy because he/she is definitely registered to e-file. Saves a lot of trouble and with click of a button, filing is done.
mosamno2 said:
jefkorn,
do we have to go to the court to file any documents in the future or can we just mail them?
what about AUSA in person or mail?
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Thoughtful said:
The letter may not be true. Here is what happened in my case.
I had been waiting a long time for my name check to be done. When I finally got tired of waiting here is what I did in the order written:
1. I called and made a service request (3rd time)
2. Within 3 days, I went to my representatives office and requested assistance
3. I got a letter from my reps office saying my name check is complete and I should receive letter for second finger print (how cool)
4. I got letter for second fingerprint
5. I did second finger print
6. I got letter for interview
7. I got response to service request dated after interview (not "oath") letter had already been sent out saying exactly the same thing that you got and which is exactly the same thing that was in the previous responses to service request.

This leads me to believe the person who took that request just typed your name into the generic mail and sent it without looking at your file. Or does not want to tell you the truth so you will not pursue them to do their job. Or may not know how to look up information. Either way is bad.
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Thank you Thoughtful .. I am going to schedule an Infopass and find out if anything has changed in the new year. If nothing happens again, I am going to approach my Rep office and see if they can help ..
 
mosamno2 said:
jefkorn,
do we have to go to the court to file any documents in the future or can we just mail them?
what about AUSA in person or mail?
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You can file docs by mail. Mail it to court clerk if you cannot file in person.

As for your EAD, file it ASAP. There could be a problem if you do not get a new EAD before new one arrives (your employer can be sanctioned). If your employer is OK with it, it's not a problem for you.
 
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Card production ordered.

On January 5, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


FINALYYYYYYYYYYYYYYY
THANK YOU GUYS THANK YOU THANK YOU.
SPECIAL THANKS TO JEFKORN,LAZYCIS AND CREGAN
 
mosamno2 said:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Card production ordered.

On January 5, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


FINALYYYYYYYYYYYYYYY
THANK YOU GUYS THANK YOU THANK YOU.
SPECIAL THANKS TO JEFKORN,LAZYCIS AND CREGAN
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Congrats mosamno2..thats great news... I scheduled an Infopass for today knowing very well it will be a waste of my time and sure enough it was. The IO told me my case is still pending and at Nebraska. I told him I did file WOM and he said to wait and see the results from that.
 
Wow!!!!! congratulations and great job. Enjoy the green you know it's the environment friendly to be green :D

Hey mosamno2,
If you don't mind and when you have a spare minute, post quick time lines for others to see. It will help them.

EDIT: Never mind about time lines, you file on Dec. 17 and here on Jan 05, you got approved!!! Since you still have time so I would say don't dismiss the Complaint right away and wait for the actual card to come in the mail. Probably AUSA will be more impatient to get it dismissed but let him/her contact you.

mosamno2 said:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Card production ordered.

On January 5, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


FINALYYYYYYYYYYYYYYY
THANK YOU GUYS THANK YOU THANK YOU.
SPECIAL THANKS TO JEFKORN,LAZYCIS AND CREGAN
Click to expand...
 
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I posted this late at night and for some reason I thought you filed in MA. May be you did? I am losing track :)
Sorry about confusion.
jefkorn said:
I don't know if they accept documents by mail. You may want to check with Pro Se clerk, he is very helpful. Similarly you can check with AUSA's office about sending documents by mail.
MA court has a drop box facility within the court building where one can drop documents after hours (not sure about exact times but it's after 5 and before the building closes, probably 6(?) pm.
If you decide to electronically file documents, then you don't have to send in paper docs and AUSA will automatically get a copy because he/she is definitely registered to e-file. Saves a lot of trouble and with click of a button, filing is done.
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mosamno2, that's cool. Congratulations

mustafa34kc, I'm sorry, I hope that there will be good news for you. Have you tried to bug them a lot over the phone with level 2 IO? I bugged them everyday. I'm sure you do ... I just want to see progress on your case.
 
jefkorn and mustafa,
thank you I wanted to be environment friendly for over four years lol
you are great people thank you for your support all the way and answering my questions I don't know how to thank you. so I am asking god to reward you in his way.
some more questions:):)
when i should get the actual card or the approval letter and welcome notice?
how should I handle the WOM from now going forward(I didn't file proof of service yet)?

Mustafa,
I had an infopass 23/12 and told me the same thing my name cleared fp are good but the officer said she doesn't know what is holding the case. she made copy of my ID and I-485 and said she is going to talk to the supervisor. so mustafa don't give up and keep your hopes. I almost gave up and lost hope but because of u guys I got my hopes back.
 
thank you Cregan I hope u do well in your interview.thank you for your support.
cregan said:
mosamno2, that's cool. Congratulations

mustafa34kc, I'm sorry, I hope that there will be good news for you. Have you tried to bug them a lot over the phone with level 2 IO? I bugged them everyday. I'm sure you do ... I just want to see progress on your case.
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