Requested 2nd expedite- didnt get request for evidence, should I send it anyway?

[Mochara 2]

Hi All,

Quick question for all you wise immigration owls,

My EAD has been pending 86 days since filing for AOS on the 3rd/November.
I submitted a service request, sent evidence of fiancial loss (cover letter, job offer (unofficial)
My initial Service request was denied.

I also called after 75 days to request service request, and was told because we had a RFE, the 90 days processing time changed from 3rd Nov to 12th December!

Got really angry, called USCIS again, they said our case had NOT been reset to the 13th December. Very confusing. So they have no idea whats going on and cant give a straight answer.

Man, sometimes i thnk us posters here have more of a clue of how US immigration works then the actual USCIS reps. We should get automatic job offers just for putting up with the system!

Anyway, in the mean time, I called local congressman, he called them up but hasnt heard back in 2 weeks, so he said he would follow up again.
(That was last week, still no word)

I today recieved an Official Job offer Letter which states all the details plus that I must be available to work the 13th Feb, otherwise I'll lose the job.

So, I called USCIS again, requested a 2nd Expedite (Financial loss) and on the USCIS email I received shortly after it said


"Recently you contacted us about the status of your case. Your case is currently under review. You should receive a decision or notice of other action shortly."

Thats it. No request for evidence of financial loss.I had been expecting a that and was going to send through my official job letter stating the start date and other evidence againMy question is, Should I fax it through anyway?I understand the email stating they are "reviewing my case" means theyre looking at it but its a generic email, and may not result in anything fast.Not sure whether to fax another set of evidence documents or just wait. Either way I've only for 2 weeks before I miss my employment deadline 

Edited January 28, 2015 by Mochara

[JDWright 30]

Send it.

Just an FYI everyone got that "date change" it was due to them upgrading thier site and re-entering data to the new page.

[Mochara 2]

JD,

You sure?

I submitted a service request at 75 days pending and they replied saying because they had a RFE, and a response by the 12th December, that the EAd processing time was restarted from 12th December, as opposed to the 3rd of November, when we first filed.

I hope your right.

When i rang to find out they had no idea what was going on either. Does a
RFE atomatically reset processing times for EAD/AP and green card? It's very unfair if it does, especially if the evidence requested is for only the i-485 and not the EAD

[Hiroshi 宏 64]

JD,

You sure?

I submitted a service request at 75 days pending and they replied saying because they had a RFE, and a response by the 12th December, that the EAd processing time was restarted from 12th December, as opposed to the 3rd of November, when we first filed.

I hope your right.

When i rang to find out they had no idea what was going on either. Does a

RFE atomatically reset processing times for EAD/AP and green card? It's very unfair if it does, especially if the evidence requested is for only the i-485 and not the EAD

I would like to know if it does reset myself, I have read that it does and I have read that it doesn't.

[KayDeeCee 4,893]

I do not know about them resetting the entire time length of the wait for the EAD/AP, but I do know getting an RFE can put the processing of it on hold until the RFE response is received, accepted and processing of your case begins again.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas Progress Reports sub-forum - topic is case status-AOS from visitor entry ~

[Hypnos 6,576]

If you receive an RFE concerning initial evidence then the 90 day clock for your EAD and AP is reset, and starts again from the day USCIS receives your RFE response.

If you receive an RFE concerning something other than initial evidence then the 90 day clock on your EAD and AP is suspended from the day the RFE is issued until the day USCIS receive your RFE response.

I explained this better here: http://www.visajourney.com/forums/topic/528188-will-rfe-for-i485-halt-i765-decision/?view=findpost&p=7394963

Edited January 28, 2015 by Hypnos

[Hiroshi 宏 64]

If you receive an RFE concerning initial evidence then the 90 day clock for your EAD and AP is reset, and starts again from the day USCIS receives your RFE response.

If you receive an RFE concerning something other than initial evidence then the 90 day clock on your EAD and AP is suspended from the day the RFE is issued until the day USCIS receive your RFE response.

I explained this better here: http://www.visajourney.com/forums/topic/528188-will-rfe-for-i485-halt-i765-decision/?view=findpost&p=7394963

What about my case, I got an RFE for not sending in affidavit of support documents, Does that reset it?

[Hypnos 6,576]

At the top of the RFE did it say "Request for Initial Evidence"? If so, then yes.

[Hiroshi 宏 64]

At the top of the RFE did it say "Request for Initial Evidence"? If so, then yes.

Just checked and yes, Initial evidence

[BritAbroad2015 61]

Hi Mochara,

I'm interested to see how your case progressed if you have a spare moment. I think we are in a similar position to you.

Would really appreciate your help and hope you were able to take the job.

Thanks,

BritAbroad2015

[Mochara 2]

Hi Brit,

Nah i lost the job. an RFE for initial evidence relating to I-485 or I-765 does reset the time frame. So if you have job offer letters, local congressman contacts, bombard USCIS with it.

We got 2 RFE- the second one we recieved on the 1st of Feb. For I 864 Joint sponsor documents. We sent it, they received it the 13th, I requested another Service request, emailed my Local congressman again. I did get a letter saying my Service request was denied because my I-765 was within regulatory timeframe "90 days from the response to RFE" but on the 25th of February they updated my EAD and AP to card production ordered.

Not sure whether it was the congressman or maybe just the response that motivated them to do some bloody work but either way Im happy. GC is still pending, but at least sometimes happening.

Any questions with your case let me know, I'd be happy to help if i can

[BritAbroad2015 61]

Thanks so much for your response Mochara. I definitely understand where you are coming from. I would love my EAD to come through, and my AP even more so. I've got an elderly grandparent back home in England whom I miss and would love to have a cuppa with sometime soon. Fingers crossed I hear soon. I found a link on the USCIS website that seems to indicate that the clock is only reset if the RFE is specifically for I-765. And the clock only stops and doesn't reset when the RFE is for I-485. Not sure how accurate this is, but would love that it would be the case for us as we got our RFE very close to the 90 day limit, so to have it reset would .... well it would be rubbish!! Sorry about the job situation.... hope it has all worked out for you now and you get your GC soon :-) And more importantly enjoy yourself as a newlywed without the worry of all this paperwork!

Anyways here the link I was talking about....

See quote from USCIS website http://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days:

"The clock will also stop if USCIS issues a request for initial evidence pertaining to the principal application/petition that serves as the basis for your application for employment authorization.

• For example, if your eligibility for employment authorization is based on a pending Form I-485, Application to Register Permanent Residence or Adjust Status, and USCIS issues a request for initial evidence pertaining to your Form I-485, the clock for your Form I-765 will stop when USCIS issues the request for evidence and restart when USCIS receives the requested information."

Seems hopeful :-)

BritAbroad2015