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

[Jenn! 918]

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.

...

There is a certain amount of prelimnary processing that an I-485 must undergo very early on to make sure that the applicant is eligible, no? Basic things like checking that they are married (if they are adjusting from a K1).

Take an example. I want an EAD but I have no basis to apply for one. I decide to apply anyway, sending in a I-485 along to show elibibility. However, there are no relevant documents in the I-485 to prove that I should be adjusting my status.

If the USCIS then sends an RFE to request the missing documents that would establish eligibility for AOS, surely the EAD should not be approved in the interim.

Edited May 12, 2006 by jenn3539

[Yodrak 7]

jenn,

In the situation that you describe the I-485 would almost certaionly be rejected for processing and be sent back to the applicant on receipt. The clerical staff who review the submissions on receipt look to see that they are complete, but they do not evaluate the material provided. If grossly incomplete the application will be rejected outright on that basis, no RFE.

Most RFE's come from the adjudicators, who don't pick up the case file until some time (weeks or months) after the application has been received and accepted for processing. The one exception that comes immediately to mind for I-485 is when an RFE is sent out initially for a missing I-693 when one is required.

Yodrak

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.

...

There is a certain amount of prelimnary processing that an I-485 must undergo very early on to make sure that the applicant is eligible, no? Basic things like checking that they are married (if they are adjusting from a K1).

Take an example. I want an EAD but I have no basis to apply for one. I decide to apply anyway, sending in a I-485 along to show elibibility. However, there are no relevant documents in the I-485 to prove that I should be adjusting my status.

If the USCIS then sends an RFE to request the missing documents that would establish eligibility for AOS, surely the EAD should not be approved in the interim.

[sweetanne 0]

Check my timeline, once they received the requested evidence, the EAD didn't take very much longer. I had MSC numbers as well. Now, if I could just figure out why I haven't received my AP yet....

[lynnd227 0]

Liam's EAD and AOS apps were receipt acknowledged on December 27. We received an RFE in January (dated 11 January) and responded on January 20. They acknowledged receipt on 31 January. On January 15, we received an appointment letter for Biometrics (before they actually received the RFE response) to have biometrics done 22 February. The biometrics went off without a hitch, when they took his fingerprints he came up in their system immediately (they scanned for prints when he left the airport in Dublin, Ireland).

On February 25, the case was touched, telling us that his RFE response was received.

We haven't heard a word since then.

Even with the RFE, it is now approx 110 days since the RFE, and if we don't count the RFE against the time, it is approx. 140 days. Now, if the count did not begin until after the biometrics, that is an entirely different scenario.

According to the BCIS website, MSC is now processing EAD's with a receipt date of Feb 13. If the RFE counted against us, we have to wait until the website states they are processing EAD's with a receipt date of March 1. If the count did not begin until after the biometrics (February 22), our 90 days waiting time would not be up until May 25.

We haven't made and info pass appointment yet, but if we don't get the EAD by 30th May, we will telephone BCIS to find out what the REAL processing dates are. (Somewhere here at Visa Journey, a member stated that an MSC representative told them they were 7 months behind in some processing).

BCIS has us wrapped around their fingers...and yes, it seems we all paid to be abused. I did not know that is what you get for FOLLOWING THE RULES AND DOING THE "RIGHT THING."

Let us know if you hear anything!

Good luck,

Lynn (and Liam)

[lanza_david 0]

Hello!

I received my appointment letter for Biometrics today! it's for the 22nd of June! and it is connected to my EAD application, so, I am kind off assuming that the answer for the question I posted is no; an RFE for the AOS does not stop processing for the EAD. HOWEVER, I really have to wait and see if after the biometrics I will get the EAD. Will keep you posted.

Thanks,

David Lanza

[martinleach 0]

I am kind off assuming that the answer for the question I posted is no; an RFE for the AOS does not stop processing for the EAD.

Hi there.

An RFE for AOS WILL stop the processing of the EAD when applied for at the same time under status c9 (and, at a guess, others)

We had one RFE for the AOS, which was responded to in a timely fashion.

After 90 days, I applied for a temp EAD, but a day afterwards, yet another RFE rolled in. The initial paperwork was submitted in Feb, but as it was now a new tax year, they required the tax returns for the past year. Great, more delays.

I still went to the interim EAD appointment, and was told that without prelimary processing being completed on the AOS (i.e. all required documents being correct), that there was an administrative hold on the EAD and thus couldn't be granted an interim EAD at this time.

Both of my AOS and EAD cases where touched today, so here is hoping something happens soon.

Hope this helps,