Employment authorization pending on RFE I-485?

[getchagoodd13 0]

I'm a U.S. Citizen married to my husband who is from Argentina. We are both currently living in Florida and on 11/02/17 we sent in an Application for Employment Authorization, Petition for Alien Relative and Application to Register Permanent Residence or Adjust Status.

We received NOA for all the petitions with a notice date of 11/08/17.

Biometrics appointment was on 12/04/17 and since then we have not received any news at all regarding anything. We of course check case status on USCIS website and last month we called and submitted an inquiry regarding the Employment Authorization. Their response was that the case was still under review. Btw when we called to submit an inquiry we were told that we could also set up an appointment with our field office to discuss this matter in person.

We scheduled an appointment for May 8, 2018 and on May 7, 2018 I received an email advising me that a RFE had been sent. Since we already had the appointment scheduled for the next day, we decided to go anyway since the RFE is regarding the I-485. We went to our field office (Oakland Park, FL) for the appointment but the only thing they could tell us regarding the Employment Authorization is that it was still under review (same as the answer to the inquiry) and that the only thing we could do was send a letter to the address listed on the NOA (NBC PO Box in Lee's Summit, MO). Since we were there we also asked if they could provide us with information regarding the RFE and we were told they were requesting evidence regarding our joint sponsor's status (this was an issue we had since our joint sponsor was a conditional resident who's passport stamp expired in January - anyway, we got this solved and this week we will be sending in everything regarding to our new joint sponsor).

 

My question is, is it possible that the Employment Authorization isn't being processed because of the RFE? I mean technically according to processing times and blah blah, the employment authorization should've already been approved - or not - and the RFE is in regards to the I-485 but I don't know what to think anymore.

[payxibka 10,044]

1 minute ago, getchagoodd13 said:

I'm a U.S. Citizen married to my husband who is from Argentina. We are both currently living in Florida and on 11/02/17 we sent in an Application for Employment Authorization, Petition for Alien Relative and Application to Register Permanent Residence or Adjust Status.

We received NOA for all the petitions with a notice date of 11/08/17.

Biometrics appointment was on 12/04/17 and since then we have not received any news at all regarding anything. We of course check case status on USCIS website and last month we called and submitted an inquiry regarding the Employment Authorization. Their response was that the case was still under review. Btw when we called to submit an inquiry we were told that we could also set up an appointment with our field office to discuss this matter in person.

We scheduled an appointment for May 8, 2018 and on May 7, 2018 I received an email advising me that a RFE had been sent. Since we already had the appointment scheduled for the next day, we decided to go anyway since the RFE is regarding the I-485. We went to our field office (Oakland Park, FL) for the appointment but the only thing they could tell us regarding the Employment Authorization is that it was still under review (same as the answer to the inquiry) and that the only thing we could do was send a letter to the address listed on the NOA (NBC PO Box in Lee's Summit, MO). Since we were there we also asked if they could provide us with information regarding the RFE and we were told they were requesting evidence regarding our joint sponsor's status (this was an issue we had since our joint sponsor was a conditional resident who's passport stamp expired in January - anyway, we got this solved and this week we will be sending in everything regarding to our new joint sponsor).

 

My question is, is it possible that the Employment Authorization isn't being processed because of the RFE? I mean technically according to processing times and blah blah, the employment authorization should've already been approved - or not - and the RFE is in regards to the I-485 but I don't know what to think anymore.

An RFE on the I-485 automatically halts processing on all other benefits associated with that application which includes the EAD/AP

[getchagoodd13 0]

Just now, payxibka said:

An RFE on the I-485 automatically halts processing on all other benefits associated with that application which includes the EAD/AP

I'm aware of this but since the EAD was sent in on 11/02 and the RFE was sent on 05/08 I don't know, I thought the EAD was going to be processed a few months ago.

[payxibka 10,044]

4 minutes ago, getchagoodd13 said:

I'm aware of this but since the EAD was sent in on 11/02 and the RFE was sent on 05/08 I don't know, I thought the EAD was going to be processed a few months ago.

5 months average time but 6 to 7 is not unusual.  

[getchagoodd13 0]

1 minute ago, payxibka said:

5 months average time but 6 to 7 is not unusual.  

Okay, and now it's being halted by the RFE so 

[payxibka 10,044]

6 minutes ago, getchagoodd13 said:

Okay, and now it's being halted by the RFE so 

It will stay halted until processing on the I-485 resumes

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[mushroomspore 3,043]

Check out my signature for my timeline. A few other August 2017 filers also got RFE's after a LONG wait. We received our EAD's AFTER we responded to the RFE's. They halt everything but they don't necessarily restart your clock from 0 either, especially if it has been a long time. They're a mess so don't try to extract a concrete timeline from them or anybody else.

[Sunnyland 639]

OP. Yes it can happen that they delay you because of the RFE. It did happen to me when I did AOS. Also had the same location. Try to answer that RFE as soon as you can so the EAD combo card  start moving.