RFE on AOS and EAD : My Experiences

[BenGr 0]

Hi There,

So, incase you haven't read any posts concerning my situation, I'll briefly run through it again as the information I have may be useful for people in a similar position.

• My NOA receipt dates is 30th Jan 06.
  
• I received an RFE on my AOS at the end of Feb (28th I think) - the RFE was due to not all requested spousal tax information sent.
  
• My lawyer hadn't informed me of RFE for 2 weeks after he received it
  
• As soon as I found out, the information for the RFE was sent back and I gave my lawyer a damn good verbal beating!
  
• Got an RFE receipt date of 6th April (received on 10th April)
  
• At around the same time, I also received my biometrics appt letter - appt. for 26th April
  
• 26th April - Went for bio appt. at an ASC. No problems.
  
• Also arranged for an infopass appointment for the 1st May... Just in case.
  
• Didn't have any post biometrics updates so went down for infopass appt. (DETROIT OFFICE - 1st May)
  
• Explained my position to an immigration officer - did not mention my RFE. Asked me if I had been working, haven't so said No. She asked me if I needed an interim card. Said Yes, then when she went to do the paperwork for the card, noticed my EAD had already been sent for printing, so was told she couldn't issue me the card, but I should receive my proper one very soon.
  

I really think that she was prepared to give me the interim EAD, until she noticed that my proper one had already been sent for printing. With all of the timing, I really can't say if my AOS RFE affected my EAD processing. Sure, several people with receipt dates around mine got their cards a few weeks back, however looking at this site, there appear to be a lot of people with similar dates to mine who did not have an RFE on their AOS, and the average time being over 90 days at the moment - and I have seen a lot who are between 90 and 110 days (seems to be I fall in that category). See here for more statisitcs.

However, I do think it's no coincidence that around a day after receiving my RFE response receipt, I also received my biometrics appointment letter. Since that everything seemed to progress as normal, however I have not received any online updates for a while, although the officer told me the card is sent to be printed.

It seems as if a lot of people do not get approval emails, or 'card mailed' emails.

I hope this information is comforting to people in the same position as I have been in. I know I have been stressed and anxious for ages now and hopefully that will end soon! Although I feel much better after my infopass appointment, I will still remain a little anxious until I actually have my card in my hand!

I guess my advice is, if you have an RFE, arrange for an infopass appointment and try and get an iEAD asap. It seemed to me I would be granted one were my card not already sent for processing. I would also arrange for an infopass appointment 4 or 5 days after having your bio appt, even if still within the 90 day period. It can't hurt and you may get some information that isn't available to you online.

Also, a bit of information for everyone: The office commented that after biometrics that unless you have some exceptional circumstances you will receive your card within one month maximum.

I guess my only question is, what is the lead time between your card getting sent for processing, and it arriving in you mailbox?

Cheers!

Ben

Edited May 1, 2006 by BenGr

[Jenn! 918]

Thanks for the info, Ben. The situation you described is exactly like ours, except for one difference. We received our RFE for the I-485 AFTER biometrics. Alas, it's been over a month since biometrics and still no EAD. It is very good to know that they seem to be willing to issue an interim EAD 90 days after the NOA date, regardless of the RFE. Our 90 days is soon approaching, so we'll plan to make an infopass then.

Thanks again!

[myfellah 0]

My husband's EAD got stuck in the system too and were told he could receive one right away (after the 90 days) if we did an info-pass appointment. We did that and that is when they told us it was "stuck" in the system as approved so they couldn't issue one that day. We went on 1/13 and he received his in the mail on 1/23. It doesn't take that long to get them once they know what's wrong. He explained to us that the customer service can't see what they can see in their computers at the local office. They were helpful and they did help. Good Luck.

Doreen

[Hexagone 0]

Hi everyone,

I am in the same kind of situation. I received NOA for both EAD and AOS on january 26th. I had the biometrics done in february, but then i received a RFE concerning my AOS.

It's been more than 3 months now and i still didn't recieve my employment authorization.. I just called the National customer service and the woman who answered said she was going to mail an inquirie on my case to USCIS... and that they will contact me within 30 days.. but it seems so long to me when i see that some people get their EAD so fast..

She never mentionned an "infopass", can anyone explain what it is?

Thank you in advance,

[BenGr 0]

Hi everyone,

I am in the same kind of situation. I received NOA for both EAD and AOS on january 26th. I had the biometrics done in february, but then i received a RFE concerning my AOS.

It's been more than 3 months now and i still didn't recieve my employment authorization.. I just called the National customer service and the woman who answered said she was going to mail an inquirie on my case to USCIS... and that they will contact me within 30 days.. but it seems so long to me when i see that some people get their EAD so fast..

She never mentionned an "infopass", can anyone explain what it is?

Thank you in advance,

Infopass is a scheduled appointment with an immigration officer at your local USCIS office. Don't bother calling the helpline, you'll get more useful information reading the back of a Cornflakes box.

If it's been more than 3 months then you are entitled to an interim EAD, If you received an RFE, then the 90 day clock is reset it seems. If you have waited 90+ days since receiving your RFE Receipt Response then you are entitled to an interim EAD.

You should make an infopass appt. right away, at least you'll find out what the hell is going on.

Infopass : http://infopass.uscis.gov/

Good Luck

Edited May 1, 2006 by BenGr

[noemij 0]

I don't see how an RFE for AOS could affect the processing of your EAD....it can, but not necessarily

[Jenn! 918]

I don't see how an RFE for AOS could affect the processing of your EAD....it can, but not necessarily

The RFE now explicitly states that you are inelgible for an interim EAD until 90 days past the receipt of the missing initial evidence.

This makes sense because you are only eligible for the EAD based on your adjustment status. If you are RFE'd for your AOS, your adjustment application is essentially paused. How could they approve your EAD if you are not currently adjusting status?

Edited May 1, 2006 by jenn3539

[BenGr 0]

I think if you get an RFE on your AOS it's not all doom and gloom. Although I believe it will delay your EAD, as long as you respond ASAP I don't think you'll see too much of a delay.

I think the critical point is if you do get an RFE then albeit you may not be delayed for your EAD in the long run, but it will make it much harder, and possibly a much longer wait to get an interim EAD - should the time come when you might need one, oh and a lot more stress!

What *certainly* doesn't happen as I was fearing is they start the whole thing from scratch again meaning it will take an additional three months. Again, this is only from my experience.

If you have any worries with things, just book an infopass appointment. Even if you're within 90 days you can still schedule an appointment online. Don't go in there expecting an iEAD, although I believe it a possibility if over 90 days and an RFE (see my first post on this thread), but you will at least know where you stand!

Edited May 1, 2006 by BenGr