No update on I765 (Ead)

[danii771 0]

Hi, my husband has applied for both I485 (AOS) and I765 (EAD).Here is what happened

We filed for I485 and I765 on January 18th, 2011.

The first RFE came on January 23rd -The check was for the wrong amount, corrected it and sent it back the same day.

After this the NOA1 came the following week.

ASC Appointment Notice was dated March 8th, 2011 and the biometrics appointment was for April 5th.

Suddenly on March 28th I checked both cases on the USCIS website and for both of them it said:

On March 28, 2011, the post office returned the notice we last sent you on this case I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

I called immediately and told them we had Not moved and our address was the same. They said it was a RFE, they would mail it again and we would receive it within 30days.

Well the next day we received it (turns out there was a mistake in our building's mail..)

The letter was indeed a "Request for Initial Evidence (I-485)" It asked to send a "complete Federal Income Tax return within 87 days" Also it stated- "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."

Right away I called USCIS to make sure that I was sending the right evidence and the man whom I spoke to told me that this RFE was for the I-485 and ONLY for the I-485, he also said that it WOULD NOT delay the processing of the I-765. I asked multiple times, not believing him, but he kept reassuring me!! Also I asked weather they should cancel the request that I made the previous day about Not receiving the letter they sent me- he said that would not be necessary.

So I took my time and responded to the RFE with my Tax Return and sent it on April 17th...

The status since then changed for the I485, it said they received my evidence. It changed again today, April 26th and it says that:

On April 26, 2011, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our CALIFORNIA SERVICE CENTER location for processing and sent you a notice explaining this action.

However, my other case the I765 has still NOT changed and it still reads:

On March 28, 2011, the post office returned the notice we last sent you on this case I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

It has been almost a full month since any activity there.

My husband already did the biometrics (on april 5th). And they said the EAD is usually approved within a week!

I think that both cases were Stopped due to the RFE,- but there is still NO change for the I765 and they already received my reply to the RFE.

I have spoken to about 4 different USCIS representatives and they keep telling me that these are TWO SEPARATE cases and that the I485 is in California and that they have No information about the I765.

I keep asking then- if they are NOt related How come the I765 has been stalled! It has been well over the 90 days normal processing time..

I have no idea who to contact or what is going on with my I765.

Any ideas? Any body with any similar situations???

Please Anything would help..

[jkelly07 120]

make a infopass appointment, take all your papers with you some time you have to show what you are talking about to them,in person the next step is your congrassman if you don't get any results, good luck

[VanessaTony 3,567]

The I-765 is indeed paused when you receive and RFE (it says at the bottom of the RFE somewhere about all cases being put on hold or words to that effect). The cases are linked and you cannot have the EAD or AP approved if your AOS application isn't valid (which is what the RFE is telling you and what you're trying to rectify).

No idea how much longer you'll need to wait. Sometimes it doesn't update online but you might find the card in the mail tomorrow.

[danii771 0]

Thank you both for the replies.

I do hope that it is just the status that has not updated, I have read that sometimes it just does not change.

It is so confusing because each person that I have talked to at USCIS has given me a different answer regarding the two cases.

We will probably go ahead in person if we hear nothing within the next week.

I will keep updated. Any other advice is also much much appreciated

Thanks again!

[bahisgirl 11]

We had a similar issue with the I-765 and it took a full month before they updated anything. Even though they also told us it would not cause a delay it did seem to set us behind by at least a month. The worst part is when I finally got the "undeliverable" mail, it was because USCIS made a typo on our address when they entered his I765 they put our house number as 528 instead of 538 so the post office returned it. So frustrating. Depending on how fast the CSC is processing I would not be surprised if you don't receive the greencard before the EAD. Hang in there. It is very frustrating but there is not much you can do.

Good Luck,

Jackie

[danii771 0]

Thank you for the reply Jackie.

When the status for your I765 read that there was an "undeliverable" mail did the status change at all (like those little circles on the top)? Because ours is still on the "Initial Review". Even though it has been at least 80+ days (subtracting the days we took to respond to the RFE). I am wondering if your card came before the status actually was at the "Card/Document Production"

It is so very frustrating! I had the tax returns in my hands but it was just a matter of me procrastinating and I guess prolonging everything without knowing

Daniela

[bahisgirl 11]

Hi Daniela,

It was about a month later (after calling USCIS) that it changed to card/document production status. Two weeks after that we got a letter stating that our change of address was processed, then two weeks later we got the refused mail. So, unfortunately it was at least two months from our call to USCIS before we got the EAD. So unfortunately the status changed, but we still waited well over a month before he got the card. Hopefully they process yours faster. It is soooo frustrating to get the "returned" mail straightened out.

Good Luck! Hopefully the CSC processes you quickly and that Green Card comes fast.

Jackie

[jamster0105 7]

Hi, my husband has applied for both I485 (AOS) and I765 (EAD).Here is what happened

We filed for I485 and I765 on January 18th, 2011.

The first RFE came on January 23rd -The check was for the wrong amount, corrected it and sent it back the same day.

After this the NOA1 came the following week.

ASC Appointment Notice was dated March 8th, 2011 and the biometrics appointment was for April 5th.

Suddenly on March 28th I checked both cases on the USCIS website and for both of them it said:

On March 28, 2011, the post office returned the notice we last sent you on this case I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

I called immediately and told them we had Not moved and our address was the same. They said it was a RFE, they would mail it again and we would receive it within 30days.

Well the next day we received it (turns out there was a mistake in our building's mail..)

The letter was indeed a "Request for Initial Evidence (I-485)" It asked to send a "complete Federal Income Tax return within 87 days" Also it stated- "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."

Right away I called USCIS to make sure that I was sending the right evidence and the man whom I spoke to told me that this RFE was for the I-485 and ONLY for the I-485, he also said that it WOULD NOT delay the processing of the I-765. I asked multiple times, not believing him, but he kept reassuring me!! Also I asked weather they should cancel the request that I made the previous day about Not receiving the letter they sent me- he said that would not be necessary.

So I took my time and responded to the RFE with my Tax Return and sent it on April 17th...

The status since then changed for the I485, it said they received my evidence. It changed again today, April 26th and it says that:

On April 26, 2011, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our CALIFORNIA SERVICE CENTER location for processing and sent you a notice explaining this action.

However, my other case the I765 has still NOT changed and it still reads:

On March 28, 2011, the post office returned the notice we last sent you on this case I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

It has been almost a full month since any activity there.

My husband already did the biometrics (on april 5th). And they said the EAD is usually approved within a week!

I think that both cases were Stopped due to the RFE,- but there is still NO change for the I765 and they already received my reply to the RFE.

I have spoken to about 4 different USCIS representatives and they keep telling me that these are TWO SEPARATE cases and that the I485 is in California and that they have No information about the I765.

I keep asking then- if they are NOt related How come the I765 has been stalled! It has been well over the 90 days normal processing time..

I have no idea who to contact or what is going on with my I765.

Any ideas? Any body with any similar situations???

Please Anything would help..

We had a similar situation. USCIS requested a copy of the tax return (which was already submitted), so we decided to get a tax transcript, 6 months of pay stubs and an employer letter. We Received the RFE on 4/11 and just mailed it in on 4/25. Well, about two hours ago today (4/27), we got the email that our RFE was received and is being processed by the National Benefits Center. Nothing has changed on the EAD, other than the last touch on 3/11. We are right there with you and praying this will all be over soon and we can move on with a normal life!

[danii771 0]

Hey thanks again everyone for the responses.

The status changed today at 8:30am for the EAD to Approved!!! The card should be in the mail within 30 days!! Lets hope it does not take 30 days but at least now we know we're approved and waiting for something good!