RFE

[Japple 0]

Well,

In our RFE it states:

"You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii) until 90 days after the missing evidence is received."

Ummmm....

After viewing other posts in this forum, I see that the USCIS losing paperwork is not uncommon. But because they can't find the things I included in my packet, my wife can't work for another 3 months? This seems a bit odd.

Has anyone had experience with the Employment Authorization related to the RFE?

Thanks everyone. I can't imagine how much more frustrated I would be without this forum.

[Jahan&Veena 4]

First,

Second, did you concurrently file for AOS and EAD? Is the RFE relating to the I-485 applicaiton or the I-765?

We received a RFE for AOS application and it said the same thing on it even though there are no problems with the EAD application. Some people advised that this is a general statement on all RFEs and as long as the RFE is only related to I-485, should not affect your EAD application. Some people who got RFEs for AOS still got their EAD within the first 90 days from filing.

Some others, including some senior members, have advised that RFEs for AOS WILL halt concurrently filed applications (lie EAD and AP). So we are taking this advice seriously and will be returning the requested info ASAP.

[frndly1 1]

Just send in the required document and let the process finish.

[calOC 0]

I think it is a statement included in all letters for RFE. We had already received EAD when we got RFE for AOS but the RFE letter still included this statement reragding EAD.

Well,

In our RFE it states:

"You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii) until 90 days after the missing evidence is received."

Ummmm....

After viewing other posts in this forum, I see that the USCIS losing paperwork is not uncommon. But because they can't find the things I included in my packet, my wife can't work for another 3 months? This seems a bit odd.

Has anyone had experience with the Employment Authorization related to the RFE?

Thanks everyone. I can't imagine how much more frustrated I would be without this forum.

[KarenCee 3]

We got the same letter, the same wording. We sent them the information they requested and our EAD was not held up an additional 90 days. It resumed processing as soon as they got what they wanted.

[Japple 0]

We got the same letter, the same wording. We sent them the information they requested and our EAD was not held up an additional 90 days. It resumed processing as soon as they got what they wanted.

Thank you folks.

I really appreciate the advice, and I think that I can sleep a little more easily now.

[-cK- 0]

Well,

In our RFE it states:

"You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii) until 90 days after the missing evidence is received."

Ummmm....

After viewing other posts in this forum, I see that the USCIS losing paperwork is not uncommon. But because they can't find the things I included in my packet, my wife can't work for another 3 months? This seems a bit odd.

Has anyone had experience with the Employment Authorization related to the RFE?

Thanks everyone. I can't imagine how much more frustrated I would be without this forum.

Hi...

I got the same letter (sometime last June)...mine was an RFE for my I-485. After 90 days without any decision with my EAD, I called the customer service hotline and asked if I can get an Info Pass so I can apply for an Interim EAD (I had to make sure since it's a hassle going there). I was told that it's ok since my RFE was for my AOS (by the way, I sent them the documents they needed prior to my call). So, my husband and I went there first thing in the morning...I was so darn unlucky...for one...I was stuck with a person who can't seem to express herself in ENGLISH (geeezzzz, ) I went there for an Interim EAD and she went on and on with my pending AOS. So finally she said..."I can't give you an Interim EAD because you are married to a US Citizen and that you have a pending AOS, just wait for your AOS decision" Then she went on and on about AOS...that it means I'd get a green card so no need for an EAD..blah,blah,blah...I was about to blow my head off because at the back of my head...isn't that the purpose of applying for EAD together with the AOS since AOS cases takes time (Seattle is still processing April and my AOS receipt was dated May 12th - I know it's around the corner but this incident happened 3 months ago) I wanted to reiterate my point but my husband said it's no use since the person I was talking to was not very useful and it's gonna be hard if we make a scene by talking to a supervisor.

So, after SEVEN MONTHS and no decision on my EAD I called the customer service hotline again the first person I talked to had no answer to my inquiry and put me on hold for 10 mins. then forwarded me to someone which took around 30-45 mins. before they picked up my call...finally a live person to talk to...anyways, I told her about the issue and she said that my EAD application was way beyond their processing time. She said if the same thing happens again insist on a supervisor...it's our every right...so...TODAY, my husband and I will be heading to the local USCIS office and I'll get back to you on how things will go this time...HOPEFULLY there will be a light at the end of the tunnel. IF they so insist that I didn't make any info pass the first time, I made sure that I had a copy of it as a proof. Hopefully I get to post a good news to ease your frustration...

-Ck-