RFE question on AOS

[misskiya 0]

We recieved and mailed an RFE recently. Simple and probably stupid question...

On the letter it states my husband is ineligable to recieve his EAD until 90 days AFTER they recieve the RFE. Is that true? We now have to wait OVER 90 days for EAD?

It boggles my mind since isn't the limit for having your EAD (supposedly) before 90 days, and now it's after 90 days AND we have to start the count over again.

It seems like a little thing, but I'd love for my husband to be able to work, and get a license. It would make our lives so much easier.

[Dr_LHA 3]

No its not true. RFE's hold up EADs, for sure, but many people still get their EADs within the 90 day timeline from original NOA1. There is no enforced "extra 90 days" wait, at most the extra wait will be a few weeks at most.

[Jahan&Veena 4]

misskiya,

One of our valued members, CarolaandGabriel, posted just a few days ago how their EAD was in a limbo for 125 days (over 4 months). If you read their timeline, they received an RFE for I-485 about 43 days after sending the application(s) and it took them nearly 2 months to send the requested info back to USCIS.

And just 21 days after the reply to RFE was received by USCIS, their EAD got approved.

If you have received a "Request for INITIAL Evidence" then your EAD will be on hold until you reply. The reason is that your EAD is based on category ( C ) ( 9 ) i.e. on your I-485 and if the I-485 application is missing INITIAL evidence then it is incomplete/invalid hence the EAD application has no grounds.

My advice, reply to the RFE ASAP. Many other members who quickly replied to the RFE got their EAD within the first 90 days.

Jahan.

[misskiya 0]

Thank you so much for the replies. We already mailed in the RFe and we're hoping for a touch soon .

[shusterman 0]

No its not true. RFE's hold up EADs, for sure, but many people still get their EADs within the 90 day timeline from original NOA1. There is no enforced "extra 90 days" wait, at most the extra wait will be a few weeks at most.

Pardon my ignorance but, does this goes the same when filing for Interim EADS (assuming they're still issuing it?) From what I understand, you can, in theory, apply for an interim EAD if no decision has been made on the I-765 after 90 days. However, if there is an RFE, then the 90 day count refreshes/restarts from when the USCIS received the reply to the RFE. Please correct me if I'm wrong.