Will RFE for I485 halt i765 decision?

[hj630 1]

I got a notice in my email for RFE FOR my i485. I filed my 765 concurrently so I wonder if it will halt my i765 too.

Many thanks

[Hypnos 6,576]

Yes, most likely.

[Hypnos 6,576]

8 CFR 103.2(b)(10)

(i) Effect on processing. The priority date of a properly filed petition shall not be affected by a request for missing initial evidence or request for other evidence. If a benefit request is missing required initial evidence, or an applicant, petitioner, sponsor, beneficiary, or other individual who requires fingerprinting requests that the fingerprinting appointment or interview be rescheduled, any time period imposed on USCIS processing will start over from the date of receipt of the required initial evidence or request for fingerprint or interview rescheduling. If USCIS requests that the applicant or petitioner submit additional evidence or respond to other than a request for initial evidence, any time limitation imposed on USCIS for processing will be suspended as of the date of request. It will resume at the same point where it stopped when USCIS receives the requested evidence or response, or a request for a decision based on the evidence.

(ii) Effect on interim benefits. Interim benefits will not be granted based on an benefit request held in suspense for the submission of requested initial evidence, except that the applicant or beneficiary will normally be allowed to remain while an benefit request to extend or obtain status while in the United States is pending. The USCIS may choose to pursue other actions to seek removal of a person notwithstanding the pending application. Employment authorization previously accorded based on the same status and employment as that requested in the current benefit request may continue uninterrupted as provided in 8 CFR 274a.12(b)(20) during the suspense period.

So if your RFE is for initial evidence then the 90 day period for any interim benefits (EAD, AP) begins over from 0 once they receive your RFE response. If it's something unrelated to the initial evidence then the 90 day period is merely suspended for the duration of the RFE, and begins where it left off once USCIS receive your RFE response.

Edited December 19, 2014 by Hypnos

[E and R 8]

8 CFR 103.2(b)(10)

(i) Effect on processing. The priority date of a properly filed petition shall not be affected by a request for missing initial evidence or request for other evidence. If a benefit request is missing required initial evidence, or an applicant, petitioner, sponsor, beneficiary, or other individual who requires fingerprinting requests that the fingerprinting appointment or interview be rescheduled, any time period imposed on USCIS processing will start over from the date of receipt of the required initial evidence or request for fingerprint or interview rescheduling. If USCIS requests that the applicant or petitioner submit additional evidence or respond to other than a request for initial evidence, any time limitation imposed on USCIS for processing will be suspended as of the date of request. It will resume at the same point where it stopped when USCIS receives the requested evidence or response, or a request for a decision based on the evidence.

(ii) Effect on interim benefits. Interim benefits will not be granted based on an benefit request held in suspense for the submission of requested initial evidence, except that the applicant or beneficiary will normally be allowed to remain while an benefit request to extend or obtain status while in the United States is pending. The USCIS may choose to pursue other actions to seek removal of a person notwithstanding the pending application. Employment authorization previously accorded based on the same status and employment as that requested in the current benefit request may continue uninterrupted as provided in 8 CFR 274a.12(b)(20) during the suspense period.

So if your RFE is for initial evidence then the 90 day period for any interim benefits (EAD, AP) begins over from 0 once they receive your RFE response. If it's something unrelated to the initial evidence then the 90 day period is merely suspended for the duration of the RFE, and begins where it left off once USCIS receive your RFE response.

I have ready what you found repeatedly and to me I do not read this to be that clock will start over

Found this on the USCIS site that states I-765 processing in the event of and RFE/RFIE for either the EAD/AP application itself or with the application that would provide the benefit. In my case the I-485. Am I reading it wrong?

https://www.uscis.go...ng-more-75-days

Tip Sheet: Employment Authorization Applications Pending More than 75 Days

If your Form I-765, Application for Employment Authorization, has been pending more than 75 days, you may contact the National Customer Service Center (NCSC) at 1-800-375-5283 and ask that an Approaching Regulatory Timeframe “service request” be created. The NCSC will route the service request to the appropriate office for review. Please have your receipt number ready when contacting the NCSC.

To determine whether your case has been pending more than 75 days, you must consider the following:

• If USCIS issues a request for initial evidence, the 90-day regulatory timeframe will start over from the date USCIS receives the initial evidence.
  • For example, if your case is pending 60 days when USCIS issues a request for initial evidence, and you respond 30 days later, the “clock” will be reset to Day 1 on the date USCIS receives the evidence.
• If USCIS issues a request for additional evidence, the clock will stop the day the request is issued and resume from the same point when USCIS receives the additional evidence.
  • For example, if your case is pending 60 days when USCIS issues a request for additional evidence, and you respond 30 days later, your case will be processed with the clock resuming at Day 60 on the date USCIS receives the additional evidence.
• The clock will also stop if USCIS issues a request for initial evidence pertaining to the principal application/petition that serves as the basis for your application for employment authorization.
  • For example, if your eligibility for employment authorization is based on a pending Form I-485, Application to Register Permanent Residence or Adjust Status, and USCIS issues a request for initial evidence pertaining to your Form I-485, the clock for your Form I-765 will stop when USCIS issues the request for evidence and restart when USCIS receives the requested information.
• If you request that your fingerprint appointment be rescheduled, the clock will start over from the date of the request for rescheduling.

Note: “Initial evidence” is defined as any piece of evidence specified by regulation or specifically requested on the form or form instructions. “Additional evidence” is evidence beyond that which is required by the regulations, form, or form instructions, but which may assist in proving eligibility where the initial evidence submitted does not.

[Avenakent 1]

In my case it did not affect my EAD,got an RFE Feb.23,March 21 they received my response and on March 30 my EAD was approved ,received my card first week of April.

[hj630 1]

sorry I haven't updated my status. In my case I don't know if they halted my EAD, but once I submitted my RFE and requested expedite service with my job offer, I got my EAD approved in early January, which is about 3 weeks after I submitted RFE.

[quesma 10]

sorry I haven't updated my status. In my case I don't know if they halted my EAD, but once I submitted my RFE and requested expedite service with my job offer, I got my EAD approved in early January, which is about 3 weeks after I submitted RFE.

Did you file for your EAD with your I-485 application?