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VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card

jeshamesh
Hi everyone!

so I got an RFE about some tax stuff related to the AOS : ( kind of a bummer, but now I'm starting to worry about if the AP and EAD are also going to be held up. Are they totally seperate processes? is approximately 90 day still reasonable to assume for both to process? There was some cryptic message on the RFE which said something about being ineligible for the EAD until 90 days after evidence is received so I'm wondering if it also effects the AP. Hope not.

Also, I'm wondering how many trips an AP is good for? I probably have 3-4 before we would realistically expect that the AOS would be processed.

thanks for any advice/opinions!


kim&james
It can stop processing on all applications even though they are seperate, they all are tied to the I-485. Some people who have had RFE still get their EAD/AP in the 90 days, some however had had them held up for a bit.
Caladan
QUOTE(jeshamesh @ Dec 19 2007, 09:02 PM) *
Hi everyone!

so I got an RFE about some tax stuff related to the AOS : ( kind of a bummer, but now I'm starting to worry about if the AP and EAD are also going to be held up. Are they totally seperate processes? is approximately 90 day still reasonable to assume for both to process? There was some cryptic message on the RFE which said something about being ineligible for the EAD until 90 days after evidence is received so I'm wondering if it also effects the AP. Hope not.

Also, I'm wondering how many trips an AP is good for? I probably have 3-4 before we would realistically expect that the AOS would be processed.

thanks for any advice/opinions!


According to the law (like the letter says), they have 90 days to make a decision on your EAD once you file it. However, if you have an RFE, they can't establish that you're truly eligible for the EAD until you return what they request.

Formally, this resets the clock to another 90 days before they're legally required to make a decision on your EAD. And all that means is a point where you might receive an answer when you complain. It's like how the service centers say 'six months' for a waiting time even when on average it might be much lower.

In practice, most people get approved pretty close to the original 90 days even with an RFE if they return it promptly.
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