RFE 90 days after receipt notice

[luella22 0]

Hi Everyone,

I'm new here and although I've read these forums a lot in the past, I am now in a bit of a pickle and hoping someone can give me some advice or share similar stories.

I applied for EAD and my application was receipted on July 10. 86 days after this, I still had not heard a single thing (not even a bio-metrics appointment) so I called the USCIS call center and they put in a Service Request as my application was 'out of normal processing time'. 90 days passed and I still had not heard anything then on the 94th day I got a request for initial evidence online (which arrived by mail a few days later). I'm 90% sure I already sent them what they are asking for, but there is not much I can do about that - so I sent the requested documents overnight shipping and they are scheduled to arrive today.

The thing I am worried about though, is that on the RFE letter, it stated that my 90 day processing time would begin again due to the request for initial evidence... so now I'm panicking - does this mean I have to wait another three months for my card? And what's more, it took 94 days just for them to send the RFE is it going to take this long for every little stage of the application (ie. will I have wait 90 days before the biometrics??) I'm so stressed, it seems unfair that the RFE came AFTER the 90 day period.... surely that part of the process should happen earlier??

Does anyone know if I have any option of requesting an interim EAD? I know the RFE extends the process out, but given the RFE was sent AFTER 90 days, surely there must be something I can do - it just doesnt seem right!

Please, if anyone has any advice or has had a similar experience do let me know - I'm really panicking. I'd planned to be unable to work for 3-4 months but now it's looking like it might be more than 6 months, and I'm really just beside myself, I don't know what to do.

-Luella

[Harpa Timsah 13,258]

You need to get biometrics done. Usually after one month you are supposed to call and ask for an appointment. You waited 3 months. Call again and state that you have not had a biometrics appointment yet. Once you have that, your card should be approved fairly quickly.

[luella22 0]

You need to get biometrics done. Usually after one month you are supposed to call and ask for an appointment. You waited 3 months. Call again and state that you have not had a biometrics appointment yet. Once you have that, your card should be approved fairly quickly.

Thank you, I will give that a go!

[bigdog 376]

Good Luck.

[luella22 0]

Okay so I just called USCIS to ask for a Biometrics appointment. The representative I spoke with said she would put in a Service Request for Biometrics but then when she tried she was unable to, due to the SR I put in on the 86th day which is still active.... but all that seemed to come out of that SR was a very late RFE. The rep I spoke to said that I may not need Biometrics done, which is maybe why I never got a biometrics letter in the first place, but she couldn't be sure. Has anyone had the experience of being exempt from biometrics? I'm on the E3d visa - can anyone confirm or deny the need for biometrics on this visa?

I'm not too sure where to go from here... do you think it's worth taking up an infopass appointment? I understand that the RFE slows things down, but given I didn't get the RFE until 94 days after my receipt notice, it seems so unfair that I would have to wait ANOTHER 90 days before the next stage of the process happens.

[smashrun 10]

The reps at USCIS know nothing. They are giving you scripted answers. Do not rely on what they tell you. Ask to be transferred to a Tier 2 officer, who should have access to more information about your case and the abilitly to perhaps give you some answers (or at least point you in the right direction). Failing that, contact your congressman/representative and get him/her involved. Good luck!!

Okay so I just called USCIS to ask for a Biometrics appointment. The representative I spoke with said she would put in a Service Request for Biometrics but then when she tried she was unable to, due to the SR I put in on the 86th day which is still active.... but all that seemed to come out of that SR was a very late RFE. The rep I spoke to said that I may not need Biometrics done, which is maybe why I never got a biometrics letter in the first place, but she couldn't be sure. Has anyone had the experience of being exempt from biometrics? I'm on the E3d visa - can anyone confirm or deny the need for biometrics on this visa?

I'm not too sure where to go from here... do you think it's worth taking up an infopass appointment? I understand that the RFE slows things down, but given I didn't get the RFE until 94 days after my receipt notice, it seems so unfair that I would have to wait ANOTHER 90 days before the next stage of the process happens.

[luella22 0]

The reps at USCIS know nothing. They are giving you scripted answers. Do not rely on what they tell you. Ask to be transferred to a Tier 2 officer, who should have access to more information about your case and the abilitly to perhaps give you some answers (or at least point you in the right direction). Failing that, contact your congressman/representative and get him/her involved. Good luck!!

Thank you so much for the advice speak with a Tier 2 officer - I really appreciate it! I called today and spoke to a tier 2 officer (the rep who transferred me said I may have to wait a very long time on hold, but I only waited 30 seconds!) The tier 2 officer said that my case does not require biometrics (I'm assuming e3 visa must be exempt, which make sense, because I had fingerprints and photos etc done at my visa interview). The officer said that given they have had my rfe response for a week now, it's likely that I will get a decision within the next week, and to call back if I don't - FINGERS CROSSED I hear something soon, I'm just going to sit tight and hope for the best for the next week!

Thank you everyone for your help!

[TBoneTX 45,313]

*** Thread moved from main AOS/Family-Based forum to Work Visas forum -- OP has clarified E3 visa status. ***

[luella22 0]

ok update - it's been a couple of weeks since I last spoke with the tier 2 officer. As he suggested last time, I called up and once again spoke to a tier 2 officer. This time it was a completely different story. She told me that what the last tier 2 said was not true, and that the '90 day clock has been reset' and that there is nothing I can do other than wait the full 90 days again. I can't believe how unhelpful she was compared with the other tier 2 I spoke to. I'm not sure who was telling the truth - although I'm beginning to see there is no 'truth' with USCIS - I've been given so many contradictory pieces of information from their reps, both regular and now tier two! I explained that I didn't receive the RFE until AFTER the 90 day processing time in the first place and she basically said 'bad luck'.

So after a little breakdown I called back, and the rep (not tier 2, just the regular one) said that my case was 'out of normal processing time' and put in a service request for me. I'm hoping that will get my case moving again, but the whole thing is getting pretty distressing - it's been about 120 days since they received my application in the first place and I really can't afford to remain unemployed for too much longer.

Any more advice?