RFE for I-485

[mercy 1]

So I got my RFE in the mail today, and it's pretty much what I expected it to be(tax stuff for joint sponsor). However it says something sort of odd and I was wondering if this is what everyone's says:

"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 initial evidence is received".

Am I misunderstanding this? Does this mean my EAD can't be approved until 90 days after I send back what they are requesting? I was really hoping for the EAD to be approved before that!

[mercy 1]

Okay my bad, I panicked before searching.

[mychelle 1]

i guess it simply means 90 days wait for EAD resets until the RFE response is received. i'm curious about your RFE since we have a similar timeline. i'm hoping that if i get an RFE they'd let me know now.

[mercy 1]

i guess it simply means 90 days wait for EAD resets until the RFE response is received. i'm curious about your RFE since we have a similar timeline. i'm hoping that if i get an RFE they'd let me know now.

They sent me an email about the RFE on the 25th, saying they mailed it out on the 22nd and the RFE itself is dated for the 20th. Hopefully you won't get one, but if you do you'll get an email notice before it arrives in the mail.

[shoe 0]

Yeah what happened with mine is that my RFE was for a letter form my husbands job to show that he makes enough above the poverty guidelines and since they recieved it 11/24/06 they have not touched or mailed me anything.Im guessing my 90 days started all over again due to the RFE. It vaccums but I have to wait.

Edited December 30, 2006 by shoe

[Killer_Clown_2009 0]

I believe that they pause processing when an RFE is sent and then resume it once it's recieved. So you don't start over @ 90 days.

[Buttons 0]

i guess it simply means 90 days wait for EAD resets until the RFE response is received. i'm curious about your RFE since we have a similar timeline. i'm hoping that if i get an RFE they'd let me know now.

Agree but it's true same happened to me.

[ChristinaM 0]

Since by all accounts they are no longer issuing interim EADs, this is something of a moot point. But yes, theoretically it meant that the 90-day processing period after which you could apply for an interim EAD was either suspended or reset, depending on your local office.

[mercy 1]

Since by all accounts they are no longer issuing interim EADs, this is something of a moot point. But yes, theoretically it meant that the 90-day processing period after which you could apply for an interim EAD was either suspended or reset, depending on your local office.

Can you explain what you mean by interim EAD? Is this something different than the EAD that is applied for in conjunction with AOS?

[ChristinaM 0]

If you had received a NOA for your EAD (as filed in conjunction with your I-485) and it had not been adjudicated within 90 days, you used to be able to go to your local office and have a short-term "interim" EAD issued. This practice stopped a short time ago.

The section you quoted appears to be referring to this interim EAD, rather than the one-year one you have applied for - as you can see from the bolded section.

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 initial evidence is received.

Typically, processing is, shall we say, paused whilst USCIS wait for your response to an RFE, but the 90-day timeframe, in this case, means nothing to you because it related to a benefit no longer available (the interim EAD).

Holy comma, Batman!!!

Hope that helps....

[am1996 0]

I believe that they pause processing when an RFE is sent and then resume it once it's recieved. So you don't start over @ 90 days.

Not quite. Depending on the type of evidence requested, if the RFE referenced your EAD, the 90 day clock is either tolled or re-started altogether.

Let me try to explain the way the process works. First, to give you some background, under 8 CFR 274a.13(d) USCIS has 90 days from the date of their receipt of the application to issue you an employment authorization (there are a few categories of immigrants to whom the 90 day rule does not apply). USCIS' failure to comply with the 90 day requirement results in the automatic grant of an employment authorization for a period not to exceed 240 days (as of October 1, 2006 USCIS' local offices no longer process interim EAD's and all such requests go through the National Benefits Center).

Now, in the event that your employment authorization application is missing required INITIAL evidence, under 8 CFR 102.2 ( B )(10) the 90-day countdown does not start until USCIS receives that evidence.

Now, if your application is missing anything OTHER than the required initial evidence or if USCIS requests ADDITIONAL evidence, then the countdown clock is simply suspended until USCIS receives such evidence.

To illustrate, if your employment authorization petition has been with USCIS for 20 days, then USCIS requests additional evidence of your eligibility, USCIS will have 70 days to finish processing the application after USCIS receives the evidence. Now, under the same scenario, if the required INITIAL evidence was missing, USCIS would have the full 90 days after you submit such initial evidence to finish processing your application.

[am1996 0]

But yes, theoretically it meant that the 90-day processing period after which you could apply for an interim EAD was either suspended or reset, depending on your local office.

Whether the 90 day clock was suspended or reset does not and has never depended on the local office. Instead, it depends on the type of evidence that was missing (see my post above).

Now that DO's no longer process interim EAD's, if the 90 day deadline has passed and you make an infopass appointment to inquire about EAD's status, they immediatelly contact NBC to speed up its processing. This should result in the applicant promptly receiving his/her EAD.

[no name 1]

OK, by those standards though, I received an I-485 RFE & sent it back. (As did the OP)

It was for the I-485, NOT the I-765. So why would the 90 day clock get re-set for a DIFFERENT application?

[am1996 0]

Typically, processing is, shall we say, paused whilst USCIS wait for your response to an RFE, but the 90-day timeframe, in this case, means nothing to you because it related to a benefit no longer available (the interim EAD).

Interim EAD's are still available and are required to be issued under the applicable statute (see my initial post on the subject above). They are just not available from the local offices, that's all. If the 90 day deadline has passed and the local office has made an inquiry on your behalf, NBC is required to promptly issue an interim 240 day EAD or a one year EAD.

[am1996 0]

OK, by those standards though, I received an I-485 RFE & sent it back. (As did the OP)

It was for the I-485, NOT the I-765. So why would the 90 day clock get re-set for a DIFFERENT application?

If your qualification for an EAD is based upon a previously or a concurrently filed I-485, depending on the type of evidence missing from the I-485 application, your interim benefits (EAD and AP) cannot be processed if you do not provide certain information evidencing your eligibility for I-485. As such, if the initial required evidence is missing from your I-485, USCIS also cannot ascertain your eligibility for an EAD.

Now, there are cases where the I-485 and EAD files are not properly linked together, so that the EAD database does not halt its processing even if the required initial evidence RFE is outstanding on the I-485. That is just an occassional technical glitch on USCIS' part. As a general matter, if your RFE states that the EAD countdown clock is suspended/restarted, then that is exactly what happens to it.