Please help - 140/EAD/AP on hold

T

talkative

Registered Users (C)
Please help - EAD/AP "on hold" for almost an year now

Hi Folks,

Thanks for reading this. I work for a fairly large employer. I filed a concurrent 140/485/EAD/AP application using substitute labor in Dec 03. I did not receive my EAD/AP.

Between me and my attorney, we have sent half a dozen fax requests, visited local office three times, and sent one AILA inquiry. They have not responded any of them and refuse to issue interim EAD because of a hold on I-140.

I'll be especially grateful if any of you have more details about how to get some response from AILA or about the "mandamus action" writ petition.

Thank You!
Talkative
 
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talkative,
I can understand your pain completely. I am in the same boat. My EAD and AP is on hold for 450 days and counting.
My lawyer filed a lot of inquiries, and finally got a reply saying "An officer is adjudicating your case", which is same as yours. But I dont know how much to really believe that. I did however talked to the local congressman, and started an inquiry, my lawyer though does not know about this yet.

For now I guess there is no choice but to wait and watch. However it is very painful seeing, people in March 04 getting approved, who are 6 months after my date, and no one is touching my case, which is absolutely ridiculous. From the scanner results it seems like, they are approving roughly 40-50% of the cases, and moving on. One silver lining is that, there are not many denails. So hang in there, and someday USCIS will come to their senses and will start working on the cases in the correct order.
 
I would get your company to sign a letter that you may draft, and send it to the Senators. I've seen people have luck with that. I don't understand why the lawyer says that if you do that, they won't be able to do more inquiries. All the senators will do (if they chose to help), is make a phonecall, which will make things move...
 
Except waiting, there is really nothing you can do. Let me tell you my EAD case, it was filed Oct 2002, yes 2002 no typo here. Do you believe it, it is still pending. Apart from my attonery's enquiries, I called that toll free number too. When you called in somebody took the note on your case and said an enquiry will be filed on your behalf and you are not allow to call within 30 days. I called and they would tell you 30 days is not over. So I had three 30 days, then I was told maximun enquiries on a case is 3 times. They can not file any more enquiry for you. I was given a fax number and told fax your case to that number. This is the end of story. I have never received any answer since then.

Oct 2004, I received a denial letter of EAD case since my I-485 has been approved.
 
thanks for your replies. hate140delay, sorry to hear you are in the same unfortunate situation. though i hope in your case, an adjudicator actually picks up your case. see chongyip's case, it's a possibility for you since you have not tried the AILA route yet. mesbah, thanks for your suggestion! i will try this. my company has a lots of red tape and many levels of management, i don't think i have enough clout to get them to do write a letter for me. but i'll try, nothing to lose..

lisansw, i think you have opened my eyes. i though 1 year was too much. but i see that this can just be the beginning. i think i'll wait till mid of this year to see if my spouse will find a H1B employer, and otherwise, i'm heading back. thanks for sharing your case, i didn't know they were this bad :-( but anyway, it's good i found out early, it's lot harder when you have wrong expectations, like i did when i applied for my gc :(
 
talkative,
Sorry to hear that they're still holding your EAD/AP. As you remembered, I was on the same boat, but things got resolved after my attroney sent enquiry through AILA. I remembered the replied email from a CIS officer said the same thing: "this case is with an adjudicator, please allow sufficent time for adjudication...." I think they approved my EAD/AP 2-3 weeks after this enquiry.
Honestly, if I were you, I will try Congressman too. It seems like they're not responding to your attroney's enquiry, it is worthwhile to try another route.
Now that when I look back, I was lucky to get RFE at that time because my company was still able to reply and now I am the first one among the group to receive I140/485 approval. My other co-workers are still panicing, scare that if RFE comes after the hospital close down in Dec, they may get denial because the sponsoring company does not exist.
So, yes, try every route you can think of, you may get an answer soon!
Best of luck :)
 
hate140delay,

when you receive the copy of 140 approval, can you please check to see the PD on the application. I am wondering if it is your 140 filing date or the original LC filing date??

Thanks in advance.
 
gcforall2003 said:
hate140delay,

when you receive the copy of 140 approval, can you please check to see the PD on the application. I am wondering if it is your 140 filing date or the original LC filing date??

Thanks in advance.
Click to expand...
Priority date on my 140 approval notice is 02/19/1999, which is the original LC priority date.
 
hate140delay,

Thank You for checking the Priority date and posting it. The confusion about the PD (whether it is the 140/485 filing date or the original LC date) is now cleared with your post.

Thanks again. Good Luck on your 485.
 
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