EAD problems, should we cancel trip?

New / Eng
Pwi

New Eng

BIO
Sde
Pwimore
Jun 12 12 Comments

Boyfriend is Australian, had an E3 visa to work in the US. He is waiting for green card and premium EAD. Was told by lawyers EAD would arrive in 3-5 months, apply for it anyways though we have a trip in August. They said don’t worry, it will arrive in time. 6 months later, it hasn’t arrived, and he’s told it will arrive in 7-8 months rather than 3-5. Trip involved a cruise, most of it won’t be refunded, so for both of us combined $8k is wasted.

There is a potential it will arrive in August, but we’re not sure if we want to risk it. We have to cancel everything this week to avoid losing more money and get more of the trip refunded.

My questions are:

Would he be allowed back into the country if he doesn’t have ead, green card isn’t processed and as a result becomes abandoned? Is his work visa still valid?

What are the chances ead or green card would come in time?

Is there anything else that can be done to speed things up or get an update? His company’s lawyers seem clueless. He’s been expedited and is premium.

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TOP 12 Comments
  • Nokia / Data vzqR47
    I am no lawyer, but my understanding of ead system, say one cannot enter the country(US) without EAD card and offer letter.

    For other options, please check with the company’s lawyer.
    Jun 12 2
    • New / Eng
      Pwi

      New Eng

      BIO
      Sde
      Pwimore
      OP
      So he’s been working full time in the US for 5 years on a work visa (for a huge tech company), he’s in greencard jail so he applied for ead. Problem is it hasn’t arrived and we have the trip planned for August...the lawyers are very slow to respond or do anything.
      Jun 12
    • There’s no green card jail. If he has a valid visa he can stamp it in Australia and fly back.
      Green card and a working visa are two separate processes.
      Jun 12
  • Oracle pzd
    Afaik, there is no premium processing for i-765. May be you are talking about the i-140 application?

    For us, we applied in August, had biometric in November and got EAD/AP combo in January. It shouldn't take more than 6 months. Did you have the biometric appointment yet?

    If you want my opinion, 8k is not worth abandoning a green card application.
    Jun 12 2
    • New / Eng
      Pwi

      New Eng

      BIO
      Sde
      Pwimore
      OP
      Yes, biometric done in January. Mail just arrived yesterday saying they need more information, they will send an interview request for green card. He got premium something, not sure haha.

      He’s being sponsored by his company, he can reapply when we get married, that’s our thoughts right now...
      Jun 12
    • Oracle pzd
      So from now it will be some 3-4 months to get the green card. Abandoning the green card application at this stage to save $8k doesn't make any sense to me 😐
      Jun 12
  • LinkedIn AreyouIN
    Seriously U should ask ur immigration lawyer
    Jun 12 2
    • New / Eng
      Pwi

      New Eng

      BIO
      Sde
      Pwimore
      OP
      He is using the company’s lawyers, since the company is paying for the ead and greencard. But they seem to have no idea
      Jun 12
    • New / Other AuntHilda
      Then hire someone from Avvo. If you can afford $8k for cruise, I am sure you can afford $200 for the right advice.
      Jun 12
  • New / Eng
    Pwi

    New Eng

    BIO
    Sde
    Pwimore
    OP
    Thank you! At this time though everything’s in processing actually, so it’s not a matter of receiving the physical documents.
    Jun 12 1
    • Intuit dumb@ss
      Ok got it! Sorry for my unhelpful response! I know that if you travel out of US when EAD/AP application is under process then AP can be denied as it requires you to remain in US until it’s processed. But EAD isn’t affected in that case. This happened to me when I applied for renewal of EAD/AP combo - I went for vacation on H1-B while the renewal was under process so AP got denied but EAD was approved. EAD/AP renewal process was 6 months long. I had no trouble coming back on H1-B while EAD/AP was in process though! Hope you all goes well for you!
      Jun 12
  • Intuit dumb@ss
    If the EAD/AP cards arrive while you are on vacation then you can have a friend or family member courier it to you at your closest location i.e. hotel or a friend/relative’s address there. Also search for “Deferred Inspection” at cbp.gov site and Wikipedia and see if you can use that method to enter the country. Also call and speak to CBP to understand what options you may have in such a scenario. Hope something works out for you and you are able to enjoy the cruise. Please search/ask on trackitt.com forums as well to find answers. Just some of the options that come to mind. Wish I could help more...sorry!
    Jun 12 0

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