Revising question!! What does it mean?

[AInfante-Saraireh 0]

the Aos was filed recently, fingerprinting will be done this Friday. This is the problem, Im not good enough to be my husband's sponsor but we sent in my nephews stuff as co sponsor and they have accepted it but put on hold because they want the proof.

Now here's the confusion for me. My husband filed EAD when he got here last August, 2006 and was approved and got the card in October 2006. He's working presently. But in the letter on the RFE for the AOS a paragraph states this:

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

Now we didn't file the I765 with the AOS coz we did it 6 months ago and approved. Does my husband have to stop working now? Help?

[rebeccajo 14]

What visa did your husband enter on and when?

[no name 1]

What visa did your husband enter on and when?

it appears to be K3 judging by her timeline...

[rebeccajo 14]

What visa did your husband enter on and when?

it appears to be K3 judging by her timeline...

As a K3 non immigrant, if he filed for EAD before AOS, his EAD is good until his K3 expires.

The para on the RFE sounds like boilerplate language and not applicable.

[no name 1]

What visa did your husband enter on and when?

it appears to be K3 judging by her timeline...

As a K3 non immigrant, if he filed for EAD before AOS, his EAD is good until his K3 expires.

The para on the RFE sounds like boilerplate language and not applicable.

Sher says: 7-26-06 Faisal is approved for K3. How long is a K3 valid?

[rebeccajo 14]

What visa did your husband enter on and when?

it appears to be K3 judging by her timeline...

As a K3 non immigrant, if he filed for EAD before AOS, his EAD is good until his K3 expires.

The para on the RFE sounds like boilerplate language and not applicable.

Sher says: 7-26-06 Faisal is approved for K3. How long is a K3 valid?

Two years from date of entry.

[FrogPondering 0]

Hi, ainfante,

I received an RFE and I was really confused about what they meant by that line about interim EAD. I went on the USCIS web site to read the specific Federal Code Regulation they were referring to. It says a few things among which:

"Employment authorization previously accorded based on the same status and employment as that requested in the current application or petition may continue uninterrupted as provided in 8 CFR 274a.12(b )(20) during the suspense period." 8 CFR 103.2(10)(ii)

Since your husband already has an EAD it makes sense that he is authorized to work until the expiration date on the card.

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

That statement is for a person who has not received an EAD. If a person does not receive EAD in 90 days he/she is eligible for interim EAD. But if there is an RFE, as it says on the paper, a person is not eligible for that interim EAD until...

i hope this helps

:jest:

[AInfante-Saraireh 0]

Thanks everyone, it's a relief that I understand now!