Can an AOS RFE Hold Up EAD/AP Approval?

[~ameriptian~ 54]

We applied for AOS on June 22nd, 2010. We received a RFE notification on August 3rd, 2010. My EAD and AP haven't been touched over two weeks before the RFE notification. Is it possible that the AOS RFE could be holding up the EAD and AP applications?

[finallyfree 2]

We applied for AOS on June 22nd, 2010. We received a RFE notification on August 3rd, 2010. My EAD and AP haven't been touched over two weeks before the RFE notification. Is it possible that the AOS RFE could be holding up the EAD and AP applications?

Sorry to hear about the RFE. Everything will be on hold. When they receive the evidence they asked for, then the processing of your case will be resumed.

[~ameriptian~ 54]

Sorry to hear about the RFE. Everything will be on hold. When they receive the evidence they asked for, then the processing of your case will be resumed.

Thank you, FinallyFree.

I will be having a job interview scheduled soon and I was wondering when I can receive my EAD card.

I feel stressed out!

[Saddle Bronc 124]

Yes, it can (depending on what evidence is asked)--as happened in Pras' case in 2006 (they asked for her birth-cert).

[Bobby+Umit 161]

Yes - since the EAD/AP is based on the 485.

[Harpa Timsah 13,258]

Yes, but don't rely on "touches" for information. You can see the touches in my husband's timeline... I think there was one besides the ones immediately following biometrics and his approvals. Good luck!

[~ameriptian~ 54]

I just got off the phone with USCIS. The representative said that since the RFE was for AOS, then it shouldn't hold up the EAD or AP applications. She also said that the normal processing times for EAD is 75 days, if a decision is not made by that time then I should call USCIS and make an info-pass appointment. Obviously AOS can take a lot longer than that for a decision to be made...

[Bobby+Umit 161]

I just got off the phone with USCIS. The representative said that since the RFE was for AOS, then it shouldn't hold up the EAD or AP applications. She also said that the normal processing times for EAD is 75 days, if a decision is not made by that time then I should call USCIS and make an info-pass appointment. Obviously AOS can take a lot longer than that for a decision to be made...

Really depends - our AP and EAD came two days before the Greencard came in - which was 2.7 months after we initially sent in the AOS.

That is good news about your situation though!

[SuperDuper! 230]

Sorry to hear about the RFE. Everything will be on hold. When they receive the evidence they asked for, then the processing of your case will be resumed.

This is absolutely correct. So reply with the evidence ASAP and you will be back in business.

[Dakine10 5,452]

I just got off the phone with USCIS. The representative said that since the RFE was for AOS, then it shouldn't hold up the EAD or AP applications. She also said that the normal processing times for EAD is 75 days, if a decision is not made by that time then I should call USCIS and make an info-pass appointment. Obviously AOS can take a lot longer than that for a decision to be made...

Unfortunately, any answers you get from USCIS's 1-800 number are about as reliable as flipping a coin.

Empirical evidence, as posted by many members over the years, indicates that an RFE for the AOS does hold up the EAD.

The actual USCIS policy states that an RFE for initial evidence (for the I-485) will reset the 90 day clock, while a RFE for additional evidence suspends the 90 day clock until the response is received.

[GC2010 7]

when i got my RFE the letter say that my EAD well be on hold until i send in my RFE an i didnt get a RFE FOR MY EAD i got it for my i-485.. YOUR EAD benefit from your i-485 froms so if that stop processing then that mean ur EAD is going to stop too.. if that get denial that mean ur EAD is going to get denial too.. so just make sure you read the RFE very good an make sure you send every single thing they ask for. if they ask you to send ur house put ur house in the mail an send it...

[cptrosco 0]

If you are applying for AOS & EAD at the same time, then ANY RFE you are given for your AOS will inadvertently delay your EAD. I had the same problem.

My AOS/EAD was filed 12th May 2010, I got a RFE for my AOS on 2nd June, I had until 25th August to send it in, it was sent in 23rd July (plenty of time). Anyway, point of this is the following. I called the USCIS 2 weeks after i sent in my RFE, if your ead isnt approved/denied within 75 days, you can call them and they will expedite it, i did this and 4 days later my ead is in my hand.

[licia 0]

when i got my RFE the letter say that my EAD well be on hold until i send in my RFE an i didnt get a RFE FOR MY EAD i got it for my i-485.. YOUR EAD benefit from your i-485 froms so if that stop processing then that mean ur EAD is going to stop too.. if that get denial that mean ur EAD is going to get denial too.. so just make sure you read the RFE very good an make sure you send every single thing they ask for. if they ask you to send ur house put ur house in the mail an send it...

GC2010, Same thin hapened to my husband's case. we forgot to send in my federal tax return form; and therefore got an RED on 7/23/10. the REF stated that EAD will be held untill they receive the information requested. we sent in the information a week later and ask our congress man to call on our behaf because my husband had a job offer and we were just waiting for the EAD for him to start working. as soon as USCIS received our RFE response and congress man called. our case started to got faster. the EAD got approved on 2 weeks later and we received it one the 10 days later, yesterday. and our I485 has been transfered to CSC.

So, PO, if you have the information they requested, just send it in, and your case will be back on track.

Good luck

[Eli the Barrowboy 16]

Yeah, I had the same problem ... in the end up my Senator and the USCIS Ombudsman were able to help .... I feel and for you, this is so annoying ...

We are currently stuck in RFE hell for my daughters Green Card ... 6 to 8 weeks for processing ... we are on 7 weeks today ... grrr!!!

R.

[Gary and Alla 3,694]

We applied for AOS on June 22nd, 2010. We received a RFE notification on August 3rd, 2010. My EAD and AP haven't been touched over two weeks before the RFE notification. Is it possible that the AOS RFE could be holding up the EAD and AP applications?

It isn't possible...it is assured. An RFE will hold up the EAD and AP which were filed concurrently (that means "for free") with the I-485.

IF you file the AP and EAD separately AND pay the fees for both, then an RFE for one will not hold up the others.

IF the EAD and AP are issued before the RFE, then you get lucky, but that is rarely the case.