EAD and AP approved but not AOS, have an RFE

[Brenda2010 1]

So weird thing...I, because I'm paranoid and have seen/heard nothing since last Tuesday when I checked the uscis website and it said I was approved/card in production - checked the website again and surprise surprise, I have an RFE for the AOS...what the hell? Apparently they've sent me a letter approving my advanced travel/AP request, and a card is in production for my EAD, which I assumed was a green card but guess it's something else. Bummer. Any thoughts on how they could approve 2 out of the 3?

[Little_My 464]

EAD is not the green card.. AP/EAD combo will allow you to travel abroad while AOS is pending (the AP part of it) and work while AOS is pending (the EAD - Employment Authorization Document). They are only valid until you have a final desicion on your GC, and once you have a green card, you do not need AP or EAD anymore. If your GC was denied, your AP/EAD would seize to be valid.

They can issue the AP/EAD even if there is an RFE, but the processing of the GC will be on hold until you send them whatever was missing from the original package. You'll know when you get the physical RFE in the mail.

[Brenda2010 1]

EAD is not the green card.. AP/EAD combo will allow you to travel abroad while AOS is pending (the AP part of it) and work while AOS is pending (the EAD - Employment Authorization Document). They are only valid until you have a final desicion on your GC, and once you have a green card, you do not need AP or EAD anymore. If your GC was denied, your AP/EAD would seize to be valid.

They can issue the AP/EAD even if there is an RFE, but the processing of the GC will be on hold until you send them whatever was missing from the original package. You'll know when you get the physical RFE in the mail.

Gotcha, that makes sense, thank you. I will now go stare at the mail box!

[J J Moose 3]

I am still in the midst of this process myself, but this is how I understand it...

If you are approved for your AP and EAD, it means you filed for three different documents when you sent in your AOS packet (they just let you file for all three together.) You filed an I-485 to get a green card, an I-131 for Advance Parole, and an I-765 for a permit that allows the applicant to work temporarily. Green card processing can take several months or even a year, so the Advance Parole and EAD allow the applicant to work and travel while waiting for his/her green card. Each form requires different supporting documents, and you prepare each form so it sort of "stands alone;" meaning the different forms don't share supporting documents, and each has it's own passport photos, photocopies of your passport, etc. as needed. Apparently, something didn't get included among the supporting documents sent in with your I-485 (or they need clarification, want to see originals, it could be a range of things, I suppose). However, your I-765 and I-131 had all the necessary supporting documents, so they went through and were approved.

The good news is you will be able to work and travel once you get your AP and EAD. Bad news is there's one more step for you in completing the process. Good luck!

[Brenda2010 1]

I am still in the midst of this process myself, but this is how I understand it...

If you are approved for your AP and EAD, it means you filed for three different documents when you sent in your AOS packet (they just let you file for all three together.) You filed an I-485 to get a green card, an I-131 for Advance Parole, and an I-765 for a permit that allows the applicant to work temporarily. Green card processing can take several months or even a year, so the Advance Parole and EAD allow the applicant to work and travel while waiting for his/her green card. Each form requires different supporting documents, and you prepare each form so it sort of "stands alone;" meaning the different forms don't share supporting documents, and each has it's own passport photos, photocopies of your passport, etc. as needed. Apparently, something didn't get included among the supporting documents sent in with your I-485 (or they need clarification, want to see originals, it could be a range of things, I suppose). However, your I-765 and I-131 had all the necessary supporting documents, so they went through and were approved.

The good news is you will be able to work and travel once you get your AP and EAD. Bad news is there's one more step for you in completing the process. Good luck!

Thanks so much! Good luck to you too. I'll let you know what the RFE was for, just for interest sake.

[deangelo 1]

Relax, the RFE is not a big deal the same thing happened to me. My RFE was just a request for vaccines just the ones i needed in my age range varricella etc.I av a feeling yours will be similar.

[VanessaTony 3,567]

They can issue the AP/EAD even if there is an RFE, but the processing of the GC will be on hold until you send them whatever was missing from the original package. You'll know when you get the physical RFE in the mail.

Just to correct this. You WILL NOT get the AP/EAD issued after an RFE is issued because processing is on hold for ALL of your cases until you reply to the RFE. Processing for AP/EAD would resume after you respond successfully to the RFE.

Luckily for the OP the cards were put into production BEFORE the RFE was sent so that's why they should get them. I've never seen a case such as the OP's where the RFE was issued directly after AP/EAD production and before the cards were mailed out so I'd like to know when they get them, just out of interest whether they get them before they send the RFE or whether they'll pause the production.

[Little_My 464]

Ah, OK. My bad - thanks for correcting. I was under the impression that unless the RFE was in regards to a supporting document missing specifically for I-131 or I-765, the AP/EAD could be processed even if there was an RFE for I-130 or I-485. But I stand corrected

[Brenda2010 1]

Think you were right Little My as I just received my EAD/AP combo card today. Also, have conversed with some other members who said that that is the case - the EAD/AP serves kind of as an interim Green Card. Wow, could this be anymore confusing?!!

[Little_My 464]

Well, they are not an "interim green card" - they are temporary travel and work documents that allow you to live a somewhat normal life while waiting for your GC decision, which for some people can take up to a year, or longer - it would be cruel and very very inconvenient to expect people to wait that long without being able to work at all, or leave the country for example in a case of an emergency in the intending immigrants home country. But don't mistaken them for a green card - they are not the same thing.

The question I was more confused about was whether or not an RFE would stop the processing of the entire application, including EAD and AP, or if the I-131 and I-765 could still be processed even with the RFE. Since in your case, it seems as though the decision on those was made BEFORE the RFE was issued, it most likely is as Vanessa&Tony said earlier - normally, an RFE would freeze the whole process, but for some reason (and for your benefit) in your case the decision on EAD/AP was made before the RFE was sent, which is a bit odd - but, works in your favor.

Edited May 4, 2011 by Little_My

[Harpa Timsah 13,258]

I have seen a few cases where RFE does not stop other parts from being processed. It seems to me the most accurate statement might be that an RFE has the potential to pause all applications, but in rare cases it doesn't.

[VanessaTony 3,567]

I have seen a few cases where RFE does not stop other parts from being processed. It seems to me the most accurate statement might be that an RFE has the potential to pause all applications, but in rare cases it doesn't.

I have seen no cases of this. I've seen several people CLAIM it happened but in reality they didn't get an RFE issued till after production was started, or until the reply RFE was received. Can you show some examples? I have never seen this happen and it says it on the bottom of the RFE's that ALL cases are paused. In the OP's case the EAD/AP were approved before the RFE was issued.

Anyway I'm okay with being wrong, very pleased in this case

Edited May 5, 2011 by Vanessa&Tony