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xjennyinstereox

Can't get an EAD for another 90 days due to RFE??? HELP

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My husband and I are concerned about something we read in our RFE letter. The second paragraph states:

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

Now, from my own research, it would appear that an interim EAD is one that is given to you if the USCIS cannot give you one within 90 days of initial filing of the I-765. In other words, it's a temporary EAD that is given to you until you can get the actual EAD. Is that correct?

If that is correct, then does that mean that I don't have to worry since they will still continue to process my I-765 for the actual EAD?

We were just worried that it might mean that we'd have to wait an additional 3 months for the EAD.. totaling 6 months of waiting.

Any information would be greatly appreciated.

Edited by xjennyinstereox

I-485 AOS Filing (shortened timeline):

08/25/06 - WEDDING DAY <3

09/14/06 - Medical

09/18/06 - Mailed AOS

10/04/06 - RFE request I-485

10/11/06 - RFE response rec'd by USCIS

10/12/06 - BIOMETRICS done!

11/18/06 - Interview Notice in mail (Day 60)

12/26/06 - *TOUCH* I-765, EAD approval notice sent (Day 98)

12/29/06 - Received EAD, applied for SSN (Day 101)

01/03/07 - *TOUCH* I-130, I-485, I-765 received EAD (Day 106)

01/10/07 - INTERVIEW 9:45am Baltimore! Recommended for approval (Day 113)

05/08/07 - APPROVAL NOTICE & WELCOME TO USA LETTER SENT! (Day 231)

05/14/07 - Received I-130 approval & welcome letter (Day 237)

05/15/07 - Green card ordered (Day 238)

I-751 Filing:

02/06/09 - Mailed I-751! (Day 1)

02/09/09 - I-751 Delivered to Vermont (Day 4)

02/13/09 - NOA 1 (Day 8)

03/06/09 - BIOMETRICS (Day 29)

03/09/09 - *TOUCH* (Day 32)

06/26/09 - 10 year green card APPROVED! (Day 141)

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Seems to me it's just like you said, or that you can consider your notice date to have changed to 90 days from the date they receive the evidence. At least that's how I read it.


AOS

05/26/05: Sent I-485/I-130 & I-765 to Chicago lockbox.

05/27/05: Paperwork received by Douglas!

06/17/05: Check hit bank account.

06/20/05: All 3 NOA's rec'vd! TG!

08/02/05: Biometrics , New Orleans. Pretty uneventful.

08/09/05: EAD Approved!

07/12/06: ......still.........waiting.........

09/26/06: Case Status says interview has been canceled............What interview????

10/23/06: Interview finally scheduled for 12/14/06.

12/14/06: AOS approval pending renewal of Biometrics....Waiting on appt. for ASC!

Will this ever end????

01/17/07: Biometrics scheduled.

02/03/07: Everything complete at our end! Apparently my case file is under somebodys wobbly table leg.

02/27/07: Approval notice finally received by e-mail.....only 641 days!! 1 yr 9 mths!

My little angel, Rachel Erin...born 02/15/07

IM000979.jpg

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xjennyinstereox,

The paragraph means that in your case, because required initial evidence was missing from your application, the 90 days allowed for processing starts not with the initial filing of the I-765 but rather with the submission of the missing initial evidence. I think the citation should be 8 CFR 103.2 ( b ) (10)(ii).

So you cannot apply for an interim EAD until 90 days after the USCIS receives your response to the RFE.

Yodrak

My husband and I are concerned about something we read in our RFE letter. The second paragraph states:

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

Now, from my own research, it would appear that an interim EAD is one that is given to you if the USCIS cannot give you one within 90 days of initial filing of the I-765. In other words, it's a temporary EAD that is given to you until you can get the actual EAD. Is that correct?

If that is correct, then does that mean that I don't have to worry since they will still continue to process my I-765 for the actual EAD?

We were just worried that it might mean that we'd have to wait an additional 3 months for the EAD.. totaling 6 months of waiting.

Any information would be greatly appreciated.

Edited by Yodrak

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xjennyinstereox,

The paragraph means that in your case, because required initial evidence was missing from your application, the 90 days allowed for processing starts not with the initial filing of the I-765 but rather with the submission of the missing initial evidence. I think the citation should be 8 CFR 103.2 ( b ) (10)(ii).

So you cannot apply for an interim EAD until 90 days after the USCIS receives your response to the RFE.

Yodrak

My husband and I are concerned about something we read in our RFE letter. The second paragraph states:

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

Now, from my own research, it would appear that an interim EAD is one that is given to you if the USCIS cannot give you one within 90 days of initial filing of the I-765. In other words, it's a temporary EAD that is given to you until you can get the actual EAD. Is that correct?

If that is correct, then does that mean that I don't have to worry since they will still continue to process my I-765 for the actual EAD?

We were just worried that it might mean that we'd have to wait an additional 3 months for the EAD.. totaling 6 months of waiting.

Any information would be greatly appreciated.

Indeed it was ( b ) but every time I put it in there, it showed up as (B) lol so I left it out :) And that's awful!!! The initial required evidence that they asked for was an I-94 number.. and I clearly stated on all my forms that I didn't have one whenever they asked for it.. I wrote "No I-94/Canadian Citizen" as the immigration officer at the InfoPass advised me to do. Blah. 90 more days without work! :(


I-485 AOS Filing (shortened timeline):

08/25/06 - WEDDING DAY <3

09/14/06 - Medical

09/18/06 - Mailed AOS

10/04/06 - RFE request I-485

10/11/06 - RFE response rec'd by USCIS

10/12/06 - BIOMETRICS done!

11/18/06 - Interview Notice in mail (Day 60)

12/26/06 - *TOUCH* I-765, EAD approval notice sent (Day 98)

12/29/06 - Received EAD, applied for SSN (Day 101)

01/03/07 - *TOUCH* I-130, I-485, I-765 received EAD (Day 106)

01/10/07 - INTERVIEW 9:45am Baltimore! Recommended for approval (Day 113)

05/08/07 - APPROVAL NOTICE & WELCOME TO USA LETTER SENT! (Day 231)

05/14/07 - Received I-130 approval & welcome letter (Day 237)

05/15/07 - Green card ordered (Day 238)

I-751 Filing:

02/06/09 - Mailed I-751! (Day 1)

02/09/09 - I-751 Delivered to Vermont (Day 4)

02/13/09 - NOA 1 (Day 8)

03/06/09 - BIOMETRICS (Day 29)

03/09/09 - *TOUCH* (Day 32)

06/26/09 - 10 year green card APPROVED! (Day 141)

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Jenny,

I seriously wouldn't worry about the wording too much, it's just a standard letter they send out. I got the same thing for my RFE (see my timeline) and today I got an e-mail saying that they would send out the EAD ASAP after it was approved: 75 days in total (even with the RFE)....

so don't take it LITERALLY!

chances are that your EAD will get to you within the initial 90 day period from the filing of the AOS anyway!

:thumbs:

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Jenny,

I seriously wouldn't worry about the wording too much, it's just a standard letter they send out. I got the same thing for my RFE (see my timeline) and today I got an e-mail saying that they would send out the EAD ASAP after it was approved: 75 days in total (even with the RFE)....

so don't take it LITERALLY!

chances are that your EAD will get to you within the initial 90 day period from the filing of the AOS anyway!

:thumbs:

I agree. They received my RFE on 9/5/06 and my EAD was approved on 9/23 (see my timeline). Don't worry about it.

Edited by shermike

3/27/06 Got Married - Whopeee!!!!!

4/06/06 Mailed I-130 only (Not ready to mail other documents yet)

4/12/06 NOA1 on I-130

7/20/06 Mailed AOS Package (I-485, I-765, I-864, no medical documents)

7/25/06 I-130 Approved

7/27/06 NOA1

8/15/06 Biometrics

8/21/06 Completed Medical - $250.00 - Yikes!!!!

8/24/06 Received Medical report from Doctor

8/28/06 Mailed RFE to Lees Summit - Medical

9/05/06 Touched (I-485) - Received Medical

9/09/06 Touched (I-485)

9/23/06 Touched (I-130)

9/23/06 Touched (I/765) Approved

9/28/06 Touched (I-765)

10/2/06 Received EAD Card

10/3/06 Touched (1-765)

10/21/06 Received Interview date - 12/06/06

12/04/06 Touched I-485 & I-765

12/06/06 Approved pending name check - bummer!!! - So the AO says

02/03/07 59 days and counting since interview....

02/09/07 Best touch ever!!!! Got welcome notice emails!!!!

02/12/07 Touched (I-485)

02/13/07 Touched (I-485)

02/14/07 Touched & Emails ("We ordered the production of your card...")

02/20/07 Card received in the mail!!!!!! Yay!!!!

Lifting Conditions

12/09/2008 Mailed package

12/18/2008 NOA 1

1/06/2009 Biometrics

1/07/2009 Touched

5/17/2009 Approved!!!!

6/12/2009 Card produced. No status change on the website.

6/20/2009 Received card in the mail

Citizenship (Final Leg)

11/16/2009 Mailed package

11/18/2009 USCIS received package

11/20/2009 NOA1

11/24/2009 Check cashed

01/06/2010 Biometrics

03/01/2010 Interview - Passed!!!

03/26/2010 Oath Ceremony

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Jenny,

I seriously wouldn't worry about the wording too much, it's just a standard letter they send out. I got the same thing for my RFE (see my timeline) and today I got an e-mail saying that they would send out the EAD ASAP after it was approved: 75 days in total (even with the RFE)....

so don't take it LITERALLY!

chances are that your EAD will get to you within the initial 90 day period from the filing of the AOS anyway!

:thumbs:

I agree. They received my RFE on 9/5/06 and my EAD was approved on 9/23 (see my timeline). Don't worry about it.

Oh I really hope so! Thanks for all your help and information, guys. It has made me feel 10000% better


I-485 AOS Filing (shortened timeline):

08/25/06 - WEDDING DAY <3

09/14/06 - Medical

09/18/06 - Mailed AOS

10/04/06 - RFE request I-485

10/11/06 - RFE response rec'd by USCIS

10/12/06 - BIOMETRICS done!

11/18/06 - Interview Notice in mail (Day 60)

12/26/06 - *TOUCH* I-765, EAD approval notice sent (Day 98)

12/29/06 - Received EAD, applied for SSN (Day 101)

01/03/07 - *TOUCH* I-130, I-485, I-765 received EAD (Day 106)

01/10/07 - INTERVIEW 9:45am Baltimore! Recommended for approval (Day 113)

05/08/07 - APPROVAL NOTICE & WELCOME TO USA LETTER SENT! (Day 231)

05/14/07 - Received I-130 approval & welcome letter (Day 237)

05/15/07 - Green card ordered (Day 238)

I-751 Filing:

02/06/09 - Mailed I-751! (Day 1)

02/09/09 - I-751 Delivered to Vermont (Day 4)

02/13/09 - NOA 1 (Day 8)

03/06/09 - BIOMETRICS (Day 29)

03/09/09 - *TOUCH* (Day 32)

06/26/09 - 10 year green card APPROVED! (Day 141)

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