I765 EAD expedite question - "urgent need"

[rsulway]

First off, apologies for the moderately long post.

So, I filed my I130/I485 plus I765 request for employment authorization and USCIS received the application on November 1st this year.

I am just finishing my Ph.D. and have been kindly offered a lecturer position by my University, due to start on January 1st 2011. This is an unusually good job offer for a teacher/academic to get, since the vast majority of such jobs will begin in July or October, i.e. with the start of a school year. If I can't start working on January 1st, the school will have to find someone else to teach the classes and I will lose the job, and as an academic, it's highly unlikely I'll find employment for at least 6-9 months, potentially losing upwards of $30k in salary.

Yesterday I called USCIS and put in a request to have my EAD expedited, citing the above situation and the "extreme financial losses" (the precise wording of the criterion that USCIS gives) that will ensue if I can't start work on 1/1/11. Today I got a note that "While your situation appears serious, you have not provided evidence of an extreme emergent need." and my request has been denied.

Do I have cause to complain/appeal/re-request? I feel that the "extreme urgent need" is bogus since a) that is not the criterion they list and b) since all I485 applicants need a sponsor demonstrating financial support, very few people will also have extreme "need."

This situation is particularly frustrating for me because I could have applied for OPT, which would have certainly granted me the EAD, but was under the impression that applying for OPT and a green card concurrently would hinder rather than help my chances at either.

Any input would be greatly appreciated!

 

[Jackolantern]

What you could have done is apply for OPT, then apply for the green card once the OPT is approved. But now that you've applied for the GC, you OPT application will be rejected.

Of course, this is assuming that you would have applied for the OPT early enough to guarantee approval before January. The OPT has its own wait time as well, so if you didn't apply for it early enough you would be stuck waiting for the OPT EAD.

All you can do is sit and hope that they will approve the EAD before January. Your situation is not considered an extreme urgent need, because it is expected that your USC spouse (with joint sponsors, if any) has the means to support you.

 

[rsulway]

But shouldn't the USC spouse always have the means to support an applicant?

And the listed criterion is about extreme financial losses - there is no mention of "need".

 

[dauda]

First off, apologies for the moderately long post.

So, I filed my I130/I485 plus I765 request for employment authorization and USCIS received the application on November 1st this year.

I am just finishing my Ph.D. and have been kindly offered a lecturer position by my University, due to start on January 1st 2011. This is an unusually good job offer for a teacher/academic to get, since the vast majority of such jobs will begin in July or October, i.e. with the start of a school year. If I can't start working on January 1st, the school will have to find someone else to teach the classes and I will lose the job, and as an academic, it's highly unlikely I'll find employment for at least 6-9 months, potentially losing upwards of $30k in salary.

Yesterday I called USCIS and put in a request to have my EAD expedited, citing the above situation and the "extreme financial losses" (the precise wording of the criterion that USCIS gives) that will ensue if I can't start work on 1/1/11. Today I got a note that "While your situation appears serious, you have not provided evidence of an extreme emergent need." and my request has been denied.

Do I have cause to complain/appeal/re-request? I feel that the "extreme urgent need" is bogus since a) that is not the criterion they list and b) since all I485 applicants need a sponsor demonstrating financial support, very few people will also have extreme "need."

This situation is particularly frustrating for me because I could have applied for OPT, which would have certainly granted me the EAD, but was under the impression that applying for OPT and a green card concurrently would hinder rather than help my chances at either.

Any input would be greatly appreciated!

Hey contact your congressman's office asap. They can send a request on your behalf. It usually gets approved asap. goodluck.