RFE for I-485 - why delaying I-765?

[novi84 0]

Hi just got an RFE yesterday, asking for my wife's tax return from 2009. I am 99% sure we submitted it, but that's not really relevant.

On top of the letter, it says the RFE is for I-485, and it the bottom it says I-864. Which is all fine and dandy since those two are together.

But in the middle of the letter it says

"The Service will process your form I-765, Application for Employment Authorization (if submitted) within 90 days of the receipt of your missing initial evidence."

Why is that?? Does it mean that the clock for I-765 has been reset? I'm already working for free (they'll pay me when I get my permit), but I don't know if I can go another 3 months w/o pay! I don't get it...I thought the point on a temporary work permit through I-765 was so I could work because of delays like this for I-485?

I tried calling USCIS, but the guy couldn't answer why it said that in the letter. Is this a good enough reason to get the case expedited?

[payxibka 10,047]

Hi just got an RFE yesterday, asking for my wife's tax return from 2009. I am 99% sure we submitted it, but that's not really relevant.

On top of the letter, it says the RFE is for I-485, and it the bottom it says I-864. Which is all fine and dandy since those two are together.

But in the middle of the letter it says Why is that?? Does it mean that the clock for I-765 has been reset? I'm already working for free (they'll pay me when I get my permit), but I don't know if I can go another 3 months w/o pay! I don't get it...I thought the point on a temporary work permit through I-765 was so I could work because of delays like this for I-485?

I tried calling USCIS, but the guy couldn't answer why it said that in the letter. Is this a good enough reason to get the case expedited?

The I-765 is an interim benefit dependent on an active and approvable I-485.... With an RFE on the I-485 your application is no longer active or currently approvable until you respond and the I-485 resumes normal processing. Once you respond to the I-485, then the I-765 will also resume normal processing. It sucks, but that is the way it is.

[DadulkaRN 0]

The I-765 is an interim benefit dependent on an active and approvable I-485.... With an RFE on the I-485 your application is no longer active or currently approvable until you respond and the I-485 resumes normal processing. Once you respond to the I-485, then the I-765 will also resume normal processing. It sucks, but that is the way it is.

THANK YOU VERY MUCH FOR THIS QUESTION AND ANSWER.

GOOD LUCK TO EVERYONE

DAJANA

[VanessaTony 3,567]

Hi just got an RFE yesterday, asking for my wife's tax return from 2009. I am 99% sure we submitted it, but that's not really relevant.

On top of the letter, it says the RFE is for I-485, and it the bottom it says I-864. Which is all fine and dandy since those two are together.

But in the middle of the letter it says Why is that?? Does it mean that the clock for I-765 has been reset? I'm already working for free (they'll pay me when I get my permit), but I don't know if I can go another 3 months w/o pay! I don't get it...I thought the point on a temporary work permit through I-765 was so I could work because of delays like this for I-485?

I tried calling USCIS, but the guy couldn't answer why it said that in the letter. Is this a good enough reason to get the case expedited?

This topic is old, not even sure the OP is still checking it but.. working for free for the purpose of obtaining employment once able is against the rules. Illegal in fact as he's currently working for gain. Whether he's earning money or not, he's working to get a job at the end of it, that's gain and isn't permitted.