Does an RFE for the AOS stop processing of the EAD?

[lanza_david 0]

Hello,

I just received an RFE for my AOS case, asking for a joint sponsor. What worries, surprises and has me very mad is the following statement on the RFE:

"You are ineligible for interim employment authorization pursuant to title 8, code of Federal Regulations, Section 103.2(B)(10)(ii) until ninety (90) days after the missing initial evidence is received"

"What!?" was my expression! their rules state that my wife cannot support me, so they delay and make it more difficult for me to work?! it does not make sense? why do they reset the 90 days?

I filed AOS, EAD, and AP at the end of March, so I was feeling ok if they took more than 90 days to process my EAD, then I could go at the end of June and get the interim EAD. Now they are making it 90 days after they receive the RFE! it is unfair and it does not make sense.

Now, does this stop the processing of the initial EAD I had sent concurrently with the AOS? or would it be processed separately and in parallel?

Thanks,

David

[john_and_marlene 162]

Hello,

I just received an RFE for my AOS case, asking for a joint sponsor. What worries, surprises and has me very mad is the following statement on the RFE:

"You are ineligible for interim employment authorization pursuant to title 8, code of Federal Regulations, Section 103.2(B)(10)(ii) until ninety (90) days after the missing initial evidence is received"

"What!?" was my expression! their rules state that my wife cannot support me, so they delay and make it more difficult for me to work?! it does not make sense? why do they reset the 90 days?

I filed AOS, EAD, and AP at the end of March, so I was feeling ok if they took more than 90 days to process my EAD, then I could go at the end of June and get the interim EAD. Now they are making it 90 days after they receive the RFE! it is unfair and it does not make sense.

Now, does this stop the processing of the initial EAD I had sent concurrently with the AOS? or would it be processed separately and in parallel?

Thanks,

David

Yes, this will stop the processing of your EAD until the RFE reply is received.

[Jenn! 918]

Technically, you now must wait until 90 days after USCIS records receipt of your RFE response until you can apply for an interim EAD. That is of course, if your EAD is not approved before then.

However, anecdotal evidence would suggest that field offices do not necessarily abide by this and issue interim EADs after 90 days from the original receipt date.

Just get your RFE response in ASAP!

[lanza_david 0]

Thanks for your reply, but this is insane!!!!

Other opinions, knowledge?! Yodrak are you out there?

I will reply the RFE ASAP, probably next week. This is bad big time. If they stop it, woul d they restart it right away? or they will sit on it now?

Technically, you now must wait until 90 days after USCIS records receipt of your RFE response until you can apply for an interim EAD. That is of course, if your EAD is not approved before then.

However, anecdotal evidence would suggest that field offices do not necessarily abide by this and issue interim EADs after 90 days from the original receipt date.

Just get your RFE response in ASAP!

Thanks, well, but do they technically stop the processing also until after the evidence is received?

That comment about the anecdotal evidence is good to know.

[Jenn! 918]

Thanks for your reply, but this is insane!!!!

Other opinions, knowledge?! Yodrak are you out there?

I will reply the RFE ASAP, probably next week. This is bad big time. If they stop it, woul d they restart it right away? or they will sit on it now?

I replied to our RFE received late March and received confirmation on 4/3. My husband's EAD application has not been touched since 3/16, the day after his biometrics. There are others who received and responded to an RFE after us, and already have their EAD card in hand.

I have no proof, but I think the worst situation is having done your biometrics before you get your RFE, which is our case.

ETA: We have an infopass appointment to try to get an interim EAD 91 days after the original receipt date. I'll let you know if they give it to us!

Edited May 12, 2006 by jenn3539

[lanza_david 0]

Thanks jenn3539, I will be happy to hear from you after your infopass.

Other?

[Jenn! 918]

Thanks, well, but do they technically stop the processing also until after the evidence is received?

I can't see how they could continue processing an EAD without an active AOS application to base the eligibility upon. Your eligibility for the EAD is based on your adjustment of status. If they did not stop processing on the EAD while waiting for an RFE response, that would leave them wide open to fraudulent EAD applications.

That said, people have asked this very question at infopass appointments and have been told that an RFE on your AOS does not affect your EAD processing. I fear they are just uninformed though. The good news is that these are the very people who decide whether or not to issue you an interim EAD...

[laeneri 0]

Thanks for your reply, but this is insane!!!!

Other opinions, knowledge?! Yodrak are you out there?

I will reply the RFE ASAP, probably next week. This is bad big time. If they stop it, woul d they restart it right away? or they will sit on it now?

I replied to our RFE received late March and received confirmation on 4/3. My husband's EAD application has not been touched since 3/16, the day after his biometrics. There are others who received and responded to an RFE after us, and already have their EAD card in hand.

I have no proof, but I think the worst situation is having done your biometrics before you get your RFE, which is our case.

ETA: We have an infopass appointment to try to get an interim EAD 91 days after the original receipt date. I'll let you know if they give it to us!

I recieved my Biometrics appointment for next week, two weeks ago. Then I got RFE'd for the complete medical exam this week. If I submit this before my biometrics apppointment will this be OK?

[Jenn! 918]

Thanks for your reply, but this is insane!!!!

Other opinions, knowledge?! Yodrak are you out there?

I will reply the RFE ASAP, probably next week. This is bad big time. If they stop it, woul d they restart it right away? or they will sit on it now?

I replied to our RFE received late March and received confirmation on 4/3. My husband's EAD application has not been touched since 3/16, the day after his biometrics. There are others who received and responded to an RFE after us, and already have their EAD card in hand.

I have no proof, but I think the worst situation is having done your biometrics before you get your RFE, which is our case.

ETA: We have an infopass appointment to try to get an interim EAD 91 days after the original receipt date. I'll let you know if they give it to us!

I recieved my Biometrics appointment for next week, two weeks ago. Then I got RFE'd for the complete medical exam this week. If I submit this before my biometrics apppointment will this be OK?

Well based on my unsupported theory that biometrics before an RFE really slows things down, I would definitely get your response in before biometrics. By that I mean, leave plenty of time for them to receive your response and update your case before the biometrics. That way, when they update your EAD application to note completion of biometrics, it should be approved shortly thereafter.

[lanza_david 0]

Another question to add to this thread is about my cases being in the MSC. I just checked the Missouri processing times, and they are taking 87 days to process EADs! when other service centers and the local offices take a month. Also, my AOS and AP have also a MSC number, but these are not reported at their processing time schedule.

Are all K1 visa AOS sent to Missouri?

[zyggy 9]

Another question to add to this thread is about my cases being in the MSC. I just checked the Missouri processing times, and they are taking 87 days to process EADs! when other service centers and the local offices take a month. Also, my AOS and AP have also a MSC number, but these are not reported at their processing time schedule.

Are all K1 visa AOS sent to Missouri?

Yes...

And an RFE for AOS does stop processing of the applications whose eligibility are based on the AOS, namely AP and EAD..

[sukie175 0]

Yes

[Yodrak 7]

David,

Apparently the RFE for the I-485 does put a hold on other things, such as the I-765, that are dependent on the I-485. (And, after reading 8 CFR 103.2( b )(10) I understand why some USCIS offices do not start counting the 90 days towards an interim EAD until after the fingerprint appointment has taken place). Not that I agree with the interpretation (but then I don't count for anything), but I do understand the interpretation.

I can give you a personal example where my wife got caught up in something like this. She got out of it and was issued an interim EAD, but the critical factor hinged on her K3 situation so it won't do you any good.

My wife sent in her I-765 separate from and one day prior to her I-485. The I-485 was returned, improperly, for incorrect payment. (Several times in fact before I gave up the fight and paid a higher fee.) We went in for an InfoPass appointment regarding the I-765 after the 90 day point and were told that the I-765 had been denied (we had not been notified of the fact) on the basis that the I-485 had been refused for processing. I pointed out that the I-765 had been submitted on the basis of (a)(9), not ( c)(9), and fortunately I had brought my photocopy of the I-765 submission to document the fact. The officer told us to take a seat while she called the NBC. About an hour later we were called up to the window, told that the problem had been straightened out, and my wife was issued the interim EAD.

A few weeks later we started receiving a string of e-mails and NOAs advising that the denied I-765 was being reconsidered, the denial had been reversed, and finally that the EAD had been issued. Never did get an NOA for the initial denial.

Yodrak

Hello,

I just received an RFE for my AOS case, asking for a joint sponsor. What worries, surprises and has me very mad is the following statement on the RFE:

"You are ineligible for interim employment authorization pursuant to title 8, code of Federal Regulations, Section 103.2( b )(10)(ii) until ninety (90) days after the missing initial evidence is received"

"What!?" was my expression! their rules state that my wife cannot support me, so they delay and make it more difficult for me to work?! it does not make sense? why do they reset the 90 days?

I filed AOS, EAD, and AP at the end of March, so I was feeling ok if they took more than 90 days to process my EAD, then I could go at the end of June and get the interim EAD. Now they are making it 90 days after they receive the RFE! it is unfair and it does not make sense.

Now, does this stop the processing of the initial EAD I had sent concurrently with the AOS? or would it be processed separately and in parallel?

Thanks,

David

Edited May 12, 2006 by Yodrak

[lanza_david 0]

Well Yodrak, thanks for your reply. I will have to send the evidence and be patient. Yes, more patience.

[Yodrak 7]

jenn,

How so? Consider that in many (most?) cases I-485 and I-765 are submitted concurrently, and the I-765 applications are typically approved, or an interim EAD issued, prior to a decision on the I-485. Indeed, the I-485 file may still be sitting on the shelf, not even started processing yet, when the EAD is issued.

I'm not sure what you mean when you write "active AOS application" - to me it means pending, an application has been submitted but no decision - approve or deny - has yet been made. In any case, whether it's sitting on the queue shelf, on a case officer's desk, in abeyance for an RFE, or ready for interview, the AOS application is 'active' from the time it's been accepted for processing until a decision has been made.

Yodrak

I can't see how they could continue processing an EAD without an active AOS application to base the eligibility upon. Your eligibility for the EAD is based on your adjustment of status. If they did not stop processing on the EAD while waiting for an RFE response, that would leave them wide open to fraudulent EAD applications.

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