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

[xjennyinstereox 0]

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 October 11, 2006 by xjennyinstereox

[Irisheyes 0]

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.

[Yodrak 7]

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 October 11, 2006 by Yodrak

[xjennyinstereox 0]

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!

[sharky 2]

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!

[shermike 1]

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!

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 October 12, 2006 by shermike

[xjennyinstereox 0]

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!

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