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I have receipt date of June 24th for E3 visa I-129 and I-539 dependent. Filed I-765 (EAD) concurrently with these 2 applications at VSC. My current visa expires end of November and so does spouse EAD card.

Problem: VSC transferred spouse EAD to another service center by themselves and the other service center sent RFE asking for approval of 129 and 539. RFE deadline is next week. Still no approval from VSC so we are stuck. Spouse cannot work and employer is not going to wait. Even if they wait, it is 90 days to get EAD since all this wait time does not count according to the RFE notice and new wait time starts from the date of RFE response receipt!

What to do now? Really desperate situation since no approval yet from VSC and RFE deadline approaching.New EAD probably will not come until 90 days after sending RFE response. One of the USCIS criteria for expedite request of EAD is 'USCIS error'.

In addition to 'employer being placed under financial loss' criteria, can we request for expedite EAD under the 'USCIS error' category since they transferred EAD application to another center despite timely concurrent filing of all 3 applications at VSC itself as per USCIS instructions for E3 applicants?

Does anyone at Murthy firm know what can be done in this situation? Please help me if any experts know what to do in my situation, thank you.

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Please call the firm of Murthy or any of your choice and discuss the matter. Answer the RFE as requested and do not make assumptions about 3 more months. Answer the RFE and they may approve the EAD ASAP.

Thank u for posting reply. So are you saying that there is a possibility in my case to file for expedite EAD if I hire an attorney for EAD application, given my problem?

I wish I can send RFE response but there is no approval of E3 and E3D yet even after 4 months from VSC. RFE expires this week so don;t know what to do. I may have no choice but to file new EAD again with fee if I do not get any approval before Wednesday, highly stressed with this whole process.

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