Pending Asylees Affected by 25th Aug 2020 DHS Rule

Received i797c receipt today (Basically 2 separate notices)

1st, simply stating USCIS received my application and it is under process , details as under

2nd notice is simply an access code and an online account# to my.uscis.gov so I may track the progress

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This is the upper part of notice,

The payment information tells that there is no amount due

I am sharing this all as my experience based on ASAP membership

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Abhatti said:
Received i797c receipt today (Basically 2 separate notices)

1st, simply stating USCIS received my application and it is under process , details as under

2nd notice is simply an access code and an online account# to my.uscis.gov so I may track the progress

View attachment 2193
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Great, when did you send your documents for EAD card?
 
dreamk said:
Great, when did you send your documents for EAD card?
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  • Nov 19th - 150 Days completed on Nov 19th (Documents sent the same day using USPS priority express - Over Night Dispatch)
  • Nov 20th - Received by USCIS mailbox (Checked on USPS Tracker and USCIS receipt also confirmed the same)
  • Nov 30th - Received SMS from USCIS Confirming documents acceptance and receipt number
  • Dec 5th - Received i767 receipt and online access code through USPS Standard mail
 
Abhatti said:
  • Nov 19th - 150 Days completed on Nov 19th (Documents sent the same day using USPS priority express - Over Night Dispatch)
  • Nov 20th - Received by USCIS mailbox (Checked on USPS Tracker and USCIS receipt also confirmed the same)
  • Nov 30th - Received SMS from USCIS Confirming documents acceptance and receipt number
  • Dec 5th - Received i767 receipt and online access code through USPS Standard mail
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Thanks! You're great help to group
 
Abhatti said:
  • Nov 19th - 150 Days completed on Nov 19th (Documents sent the same day using USPS priority express - Over Night Dispatch)
  • Nov 20th - Received by USCIS mailbox (Checked on USPS Tracker and USCIS receipt also confirmed the same)
  • Nov 30th - Received SMS from USCIS Confirming documents acceptance and receipt number
  • Dec 5th - Received i767 receipt and online access code through USPS Standard mail
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did you get ead card?
 
Whitetofu said:
You can apply after 150 days
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150 days makes you eligible to "Apply" for EAD (I already did apply)

180 days makes you eligible to "get" EAD (My 180 days will be completed on Nov 19th)

Between 150 and 180 days, USCIS is bound to make a decision if are you are approved or not approved

If they don't make a decision a decision between 150 days and 180 days , you are automatically approved .

If you are approved, The EAD card shipping triggers (after) 180 days are completed , usually it takes 1 to 2 weeks to receive , these days it's probably more . But depends on case to case basis

If you are not approved, you will get a letter from USCIS explaining the rejection reason (such rejection letters are usually received to you before 180 days are finished)

Hope my explanation above helps
 
Abhatti said:
150 days makes you eligible to "Apply" for EAD (I already did apply)

180 days makes you eligible to "get" EAD (My 180 days will be completed on Nov 19th)

Between 150 and 180 days, USCIS is bound to make a decision if are you are approved or not approved

If they don't make a decision a decision between 150 days and 180 days , you are automatically approved .

If you are approved, The EAD card shipping triggers (after) 180 days are completed , usually it takes 1 to 2 weeks to receive , these days it's probably more . But depends on case to case basis

If you are not approved, you will get a letter from USCIS explaining the rejection reason (such rejection letters are usually received to you before 180 days are finished)

Hope my explanation above helps
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Thank you for your info! That helps alot!
 
One of the updates I received today as under

My EAD application was "received" by USCIS on November 20th, But they "accepted" the application in system on November 28th

I had always thought that receiving date is where USCIS portion of time / clock starts,

It turned out that USCIS portion starts when they "accept" the application

November 19th was supposed to be 30th Day (all together 180 days since I applied for asylum) to get EAD

3 days went over without any response from USCIS and today I contacted USCIS and got response that my 30 days are not finished yet. I should consider "acceptance" date, not the "submission" date
 
Abhatti said:
One of the updates I received today as under

My EAD application was "received" by USCIS on November 20th, But they "accepted" the application in system on November 28th

I had always thought that receiving date is where USCIS portion of time / clock starts,

It turned out that USCIS portion starts when they "accept" the application

November 19th was supposed to be 30th Day (all together 180 days since I applied for asylum) to get EAD

3 days went over without any response from USCIS and today I contacted USCIS and got response that my 30 days are not finished yet. I should consider "acceptance" date, not the "submission" date
Click to expand...

Thank you for your updated! I appreciate it!
 
Abhatti said:
One of the updates I received today as under

My EAD application was "received" by USCIS on November 20th, But they "accepted" the application in system on November 28th

I had always thought that receiving date is where USCIS portion of time / clock starts,

It turned out that USCIS portion starts when they "accept" the application

November 19th was supposed to be 30th Day (all together 180 days since I applied for asylum) to get EAD

3 days went over without any response from USCIS and today I contacted USCIS and got response that my 30 days are not finished yet. I should consider "acceptance" date, not the "submission" date
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Did you sent your documents texas or your uscis office?
 
My 30 days "as per case acceptance with USCIS" date were up on December 27th 2020, but I didn't get any txt or email from USCIS, neither any update status on my USCIS account

Today I approached "EMMA" the chat bot on USCIS website , which connected me to a live agent

The live agent provided me with a service ticket number and requested to wait 8 business days

Further, as per guidelines of USCIS website as under,

https://www.uscis.gov/laws-and-poli...t-notices-and-agreements/rosario-class-action

I took this service ticket number and emailed it too "tsc.classaction@uscis.dhs.gov" and ccied "asylumEAD@nwirp.org" along with my case details.

Let's see what happens,

Will keep posted here with updates
 
USCIS responded me today as under, having said my EAD is application is "being processed"

Despite court's preliminary injunction that decision "has to be made" within 30 days.

I shared this update with ASAP and they acknowledged similar complaints from others too and asked me to fill up a survey with when did I file my EAD application and what has happened so far

................................................................................................................................................................................................................................................


On December 30, 2020, you or your representative contacted U.S. Citizenship and Immigration Services (USCIS) about your Form I-765, Application for Employment Authorization.


We researched your case and found that your case has been assigned to an officer and is currently being processed. We will send you a written notice when we make a decision on your application.

If you are applying for your initial (first) employment authorization based on having a pending asylum application and USCIS does not adjudicate the application within 30 days, you may be a member of the class action case, Rosario v. USCIS, Case No. C15-0813JLR. Please see www.uscis.gov/rosario for further information about this class action case

If you called the USCIS Contact Center because your Form I-765 had been pending for 25 days under applicable regulations and the Center created a service request for you, you should have received a response to your Form I-765 within 8 business days of your call. Check your case status for any recent action. If no action has been taken on your case, you may contact the Texas Service Center (TSC) Class Action email box at tsc.classaction@uscis.dhs.gov for further assistance.

When you email, you must:

  • Write “Rosario Class Action” in the subject line;
  • Add asylumEAD@nwirp.org on the CC line to copy class counsel;
  • Include the following information in the body of your email:
Your name

Your service request number

The date the USCIS Contact Center created your service request

Your Form I-765 receipt number and

The “Received Date” on your receipt notice (Form I-797, Notice of Action)

You cannot email the TSC Class Action mailbox unless you previously contacted the USCIS Contact Center and they created a service request because your Form I-765 has been pending for 25 days under applicable regulations. Please note USCIS will not use this email address to address any communication not related to the Rosario v. USCIS or that does not include all necessary information.

Please do not include any personal information other than what USCIS is requesting. Emails may not necessarily be secure. Therefore, we suggest that you do not email sensitive personally identifiable information, such as your Social Security number or A-Number, to us.


------------------------------
We offer many online services and tools to help you find the information you need at www.uscis.gov/tools and my.uscis.gov, including:

Case Status: Sign up for detailed case updates in myUSCIS: my.uscis.gov/account

Check your current case status: www.uscis.gov/casestatus

Check processing times: www.uscis.gov/processingtimes

Ask about your case: www.uscis.gov/e-request

Schedule an appointment: my.uscis.gov/appointment

Ask our virtual assistant Emma: www.uscis.gov/emma

Address Changes: If you move, please visit www.uscis.gov/addresschange for information on how to update your address. Remember to update your address for all your receipt numbers.

If you try our online tools and still need help, you can call the USCIS Contact Center at 800-375-5283 or 800-767-1833 (TDD for the hearing impaired).
 
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