AOS/EAD RFE's

[melloray 0]

Hello again,

my hubby just got an email from USCIS saying that and RFE was sent out on the 27th april for his AOS , we have not received the RFE so we dont know what they want. He is also applying for an EAD. Firstly:

1) will the RFE for the AOS slow down the EAD?

2) The last paper communication from USCIS was to schedule his Biometrics - bio done on 04/20/06, should we have had any NOA's saying the case has been transferred to the local office - or is it still in missouri??

we are confused , can anyone please help - im not sure we are getting the right info from USCIS. Below are the current online case status's.

Receipt Number: MSC#########

Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

On April 27, 2006, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 30 days have passed and you have not received the notice. Please contact the service center where you submitted your application during business hours.

Receipt Number: MSC#########

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status:

Your I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION was received on March 21, 2006. We mailed you a receipt with information about processing. It is taking between 30 and 90 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

AAGGGHHH - what is going on!!!

[Jenn! 918]

Since your eligibility for the EAD is dependent on your adjustment status, the EAD will not be issued while USCIS is waiting for the missing evidence for your I-485. Additionally, as you will see on the RFE letter when it arrives, rather than being eligible now for an interim EAD after 90 days of receipt of the EAD application, you will not be eligible until 90 days after the USCIS receives your RFE response.

We're in the same situation.

It's been almost two months since biometrics and not even a touch on the EAD...

[Kez/JWolf 6]

Agreed your EAD will not be issued until your have replied to the RFE.... and your 90 days will restart from the date they recieve your RFE...

Kezzie

[bamdame 0]

Hello

Did you send in a A of Support (864) with the original paperwork or were you asked for it later?

Hello again,

my hubby just got an email from USCIS saying that and RFE was sent out on the 27th april for his AOS , we have not received the RFE so we dont know what they want. He is also applying for an EAD. Firstly:

1) will the RFE for the AOS slow down the EAD?

2) The last paper communication from USCIS was to schedule his Biometrics - bio done on 04/20/06, should we have had any NOA's saying the case has been transferred to the local office - or is it still in missouri??

we are confused , can anyone please help - im not sure we are getting the right info from USCIS. Below are the current online case status's.

Receipt Number: MSC#########

Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

On April 27, 2006, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 30 days have passed and you have not received the notice. Please contact the service center where you submitted your application during business hours.

Receipt Number: MSC#########

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status:

Your I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION was received on March 21, 2006. We mailed you a receipt with information about processing. It is taking between 30 and 90 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

AAGGGHHH - what is going on!!!

[Paul and Melanie 0]

Hello

Did you send in a A of Support (864) with the original paperwork or were you asked for it later?

Hello again,

my hubby just got an email from USCIS saying that and RFE was sent out on the 27th april for his AOS , we have not received the RFE so we dont know what they want. He is also applying for an EAD. Firstly:

1) will the RFE for the AOS slow down the EAD?

2) The last paper communication from USCIS was to schedule his Biometrics - bio done on 04/20/06, should we have had any NOA's saying the case has been transferred to the local office - or is it still in missouri??

we are confused , can anyone please help - im not sure we are getting the right info from USCIS. Below are the current online case status's.

Receipt Number: MSC#########

Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

On April 27, 2006, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 30 days have passed and you have not received the notice. Please contact the service center where you submitted your application during business hours.

Receipt Number: MSC#########

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status:

Your I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION was received on March 21, 2006. We mailed you a receipt with information about processing. It is taking between 30 and 90 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

AAGGGHHH - what is going on!!!

Hi, just to let you know we received an RFE also for I-485. It was for the medical and petitioners birth certificate. It did NOT slow down the process for us. I spoke with an immigration officer and she said it had nothing to do with the EAD. My husband received a letter for his biometrics appt. before we sent in the paperwork back for the RFE. Hope that helps.

[melloray 0]

Hello

Did you send in a A of Support (864) with the original paperwork or were you asked for it later?

Hello again,

my hubby just got an email from USCIS saying that and RFE was sent out on the 27th april for his AOS , we have not received the RFE so we dont know what they want. He is also applying for an EAD. Firstly:

1) will the RFE for the AOS slow down the EAD?

2) The last paper communication from USCIS was to schedule his Biometrics - bio done on 04/20/06, should we have had any NOA's saying the case has been transferred to the local office - or is it still in missouri??

we are confused , can anyone please help - im not sure we are getting the right info from USCIS. Below are the current online case status's.

Receipt Number: MSC#########

Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

On April 27, 2006, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 30 days have passed and you have not received the notice. Please contact the service center where you submitted your application during business hours.

Receipt Number: MSC#########

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status:

Your I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION was received on March 21, 2006. We mailed you a receipt with information about processing. It is taking between 30 and 90 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

AAGGGHHH - what is going on!!!

hi bamdame,

yep we sent in the I864 with the AOS - we thought we had the package nailed you know!

[Jenn! 918]

Our RFE was for 2005 taxes, even though we sent everything the beginning of February...

[melloray 0]

Since your eligibility for the EAD is dependent on your adjustment status, the EAD will not be issued while USCIS is waiting for the missing evidence for your I-485. Additionally, as you will see on the RFE letter when it arrives, rather than being eligible now for an interim EAD after 90 days of receipt of the EAD application, you will not be eligible until 90 days after the USCIS receives your RFE response.

We're in the same situation.

It's been almost two months since biometrics and not even a touch on the EAD...

Hey, im sorry to hear your in the same boat as us - i wish they could make this a little less confusing/aggaravting/depressing (take your pick). Take a look at the post from paul and melanie in this thread - they seem to think it shouldn' matter.

well good luck , let us know what happens.

[Jenn! 918]

Since your eligibility for the EAD is dependent on your adjustment status, the EAD will not be issued while USCIS is waiting for the missing evidence for your I-485. Additionally, as you will see on the RFE letter when it arrives, rather than being eligible now for an interim EAD after 90 days of receipt of the EAD application, you will not be eligible until 90 days after the USCIS receives your RFE response.

We're in the same situation.

It's been almost two months since biometrics and not even a touch on the EAD...

Hey, im sorry to hear your in the same boat as us - i wish they could make this a little less confusing/aggaravting/depressing (take your pick). Take a look at the post from paul and melanie in this thread - they seem to think it shouldn' matter.

well good luck , let us know what happens.

I disagree with Paul and Melanie. He/she didn't specify whether the EAD was recieved after they responded to the RFE. I would be very surprised if they received their EAD before the RFE was taken care of.

I think there are two ways the RFE can affect the EAD:

1. The reset of the 90 day count for interim EAD eligibility (this is clearly stated on the RFE letter)

2. The EAD can't be approved while the I-485 is on hold.

It is possible that an EAD could be approved before an I-485 RFE, OR it is possible that USCIS may still issue your EAD within the original 90 days, as long as the RFE for the I-485 has been returned. Paul and Melanie's case seems to be the latter. I think the point is that the RFE *can* but will not necessarily affect your EAD processing.

[Paul and Melanie 0]

You might be right. Now thinking about it. It was the Biometrics appt. that came in the mail while we had an RFE. We sent in the paper work for the RFE on Feb 11, and the bio appt. was for Feb 23. But the letter for the bio came way before we sent back the work for RFE.

But we still made an info pass appt. to be sure it wouldn't slow our case down, and the people we spoke with there and on the phone said it had nothing to do with the I485. On the 800 number, I was transferred to an officer. I called more than once to be sure.

[Jenn! 918]

You might be right. Now thinking about it. It was the Biometrics appt. that came in the mail while we had an RFE. We sent in the paper work for the RFE on Feb 11, and the bio appt. was for Feb 23. But the letter for the bio came way before we sent back the work for RFE.

But we still made an info pass appt. to be sure it wouldn't slow our case down, and the people we spoke with there and on the phone said it had nothing to do with the I485. On the 800 number, I was transferred to an officer. I called more than once to be sure.

I just can't understand how they could tell you that your EAD has nothing to do with your I-485. Your EAD was filed presumably under eligibility category c9, that is, adjustment applicant. If you do not have an active I-485 being processed, then you are no longer eligible for the EAD.

In any case, let's all hope that those of us RFE'd get our EAD's soon!

[Paul and Melanie 0]

They told me a lot of things that they probably weren't supposed to. Like ONE....I can marry my boyfriend at the time on a VWP and he can stay. Nice advice!

Good luck

[Bahamas124 0]

They told me a lot of things that they probably weren't supposed to. Like ONE....I can marry my boyfriend at the time on a VWP and he can stay. Nice advice!

Good luck

[/quote

Jenn you are wrong and I am living proof that you are.....I receive an RFE for my i485 back on feb 29th to this day I still did not respond as yet because I am still waiting on the information from back home ...but on the about 3 weeks after I receive the RFE I got the Biometric letter in the mail code 3 for I485 and I765 schedual for april 20th 3 days before my 90th day.... on the 91st day I made an infopass apointment in the Miami office went in and within 2 hours walked out with Ead Card in hand no intrim card the real card so unless the RFE letter specificaly says that the ead will be affected by the rfe then dont worry about it you will still be fine..

[Paul and Melanie 0]

Bahamas, that's exactly what I thought. Several told me that it had nothing to do with the EAD at all.

[Kelvin 0]

We got the EAD already before we received an RFE on our I485. The RFE says they want the "Applicant's Birth Certificate". I only know Petitioner and Beneficiary, so I don't know who's they want... we'll send both, I guess.

KZ