Can I still get an EAD card?

[princesslovalova 0]

Hey Everyone! HAPPY NEW YEAR TO ALL!!!

I sent my AOS package on November 20, 2010 and it was received and accepted by USCIS. I received a RFE dated December 22,'10 for my I-485. They requested my I-864, I-693 and my birth certificate. I sent them my birth certificate when I mailed my AOS package initially and its the one that I've always had, but apparently my country is phasing out the old birth certificates and now USCIS wants the new versions. My question is, would I still be able to get an EAD card with a pending RFE??

I completed my Biometrics on December 21, 2010

[Barbara J 115]

Hey Everyone! HAPPY NEW YEAR TO ALL!!!

I sent my AOS package on November 20, 2010 and it was received and accepted by USCIS. I received a RFE dated December 22,'10 for my I-485. They requested my I-864, I-693 and my birth certificate. I sent them my birth certificate when I mailed my AOS package initially and its the one that I've always had, but apparently my country is phasing out the old birth certificates and now USCIS wants the new versions. My question is, would I still be able to get an EAD card with a pending RFE??

I completed my Biometrics on December 21, 2010

So when you sent your AOS to USCIS you did not include your I-693 or your I-864 both of which are really important. I doubt you will get your EAD even though you have done your Biometrics without sending in all your RFE documents and looks like you will need to get a copy of the new birth certificate.

[My4rmylife 0]

Hey Everyone! HAPPY NEW YEAR TO ALL!!!

I sent my AOS package on November 20, 2010 and it was received and accepted by USCIS. I received a RFE dated December 22,'10 for my I-485. They requested my I-864, I-693 and my birth certificate. I sent them my birth certificate when I mailed my AOS package initially and its the one that I've always had, but apparently my country is phasing out the old birth certificates and now USCIS wants the new versions. My question is, would I still be able to get an EAD card with a pending RFE??

I completed my Biometrics on December 21, 2010

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yes you can still get approved while in rfe for your work permit however if they need your birth certificate that may be needed to get approved for the work permit

[princesslovalova 0]

I appreciate your reply! So do you think I would still receive EAD card?

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yes you can still get approved while in rfe for your work permit however if they need your birth certificate that may be needed to get approved for the work permit

[marriedtomrg 140]

If your GC is still pending approval and you have already completed biometrics, it is likely you can still receive an EAD. The RFE has little to do with your EAD; it has more to do with your pending I-485. One member I know was already issued a GC but still received an EAD after

I appreciate your reply! So do you think I would still receive EAD card?

[princesslovalova 0]

Wow!! I really do hope I will be able to. Thank you for your reply marriedtomrg. I appreciate your encouragement!!!

If your GC is still pending approval and you have already completed biometrics, it is likely you can still receive an EAD. The RFE has little to do with your EAD; it has more to do with your pending I-485. One member I know was already issued a GC but still received an EAD after

[VanessaTony 3,567]

You will NOT receive your EAD until you reply to the RFE. All cases are paused while and RFE is pending, it says it on the RFE.

[VanessaTony 3,567]

If your GC is still pending approval and you have already completed biometrics, it is likely you can still receive an EAD. The RFE has little to do with your EAD; it has more to do with your pending I-485. One member I know was already issued a GC but still received an EAD after

Sorry no. It says right there on the RFE that ALL cases are paused while an RFE is pending. If the EAD is sent before the RFE is issued then no problem, but if it's still waiting then it continues to wait until the RFE is responded to.

yes you can still get approved while in rfe for your work permit however if they need your birth certificate that may be needed to get approved for the work permit

As I said, it says on the RFE that ALL cases are paused while the RFE is pending. The only time you'll still get your EAD is if it was posted BEFORE you were issued the RFE.

[My4rmylife 0]

I appreciate your reply! So do you think I would still receive EAD card?

its possible my husband did

[VanessaTony 3,567]

its possible my husband did

No your husband didn't.

Your timeline actually states the following:

RFE 4/30/2010 need a co sponsor

5/26/2010 sent out evidence request.

5/28/2010 Evidence was received

5/28/2010 Biometrics complete

6/1/2010 touches on I485 and EAD

6/10/10 EAD Card production ordered

6/19/10AP arrived

6/21/10 EAD ARRIVED

Your timeline says you got an RFE on the 30th April, you replied to the RFE and it was received 28th May and your EAD was approved 10th June. So the EAD was approved AFTER the RFE was replied to.

ALL cases are paused when an RFE is issued UNTIL they receive a correct reply to the RFE then processing resumes. Your timeline states this was the case with your husband, he got his EAD after he successfully replied to the RFE.

**Edit - on a re-read it appears you may be confused. The OP is able to get an EAD card even though she got an RFE but she CANNOT get her EAD until she has replied to the RFE. Her qn was "can i get my EAD while having an RFE" implying that she wants to know if she will get her EAD while the RFE is pending.. to which the answer is no.

Edited January 7, 2011 by Vanessa&Tony