does an rfe really delay the processing of ur EAD

[hanster 0]

i have received an rfe after i sent in my package for AOS and EAD, and when i got the notice of RFE, it indicated on it that the now i have to wait 90 from the time they receive my respond to the RFE before i can contact them in case i do not get an EAD.

my question is, does receiving an rfe really delay the time you get your EAD?? i know that technically it would, but was wondering in reality if that happens or not. i am getting close to 60 days from the first time i filed and wanted to see if i should expect soon or i had to reset my waiting period?

thanks

[Killer_Clown_2009 0]

I don't think (from what I have read on people's timelines), that it really delays it that much. A lot of people with RFEs (that respond promptly), still get the card in under 90 days.

[cpinkley 0]

I'm pretty much in the same boat as you. as far as 90 days starting over again-it could happen. there are some people who got rfes and still managed to receive their EADs on time. I guess we'll just have to wait and see. My rfe was received by USCIS 1/23, so technically I could be waiting until April (grrr). The only reason I am hopeful is that my online message for EAD still mentions receipt date of 12/19, whereas processing on my 485 was delayed and resumed 1/23. ever hopeful, but realistic! good luck!

[rebeccajo 14]

An RFE does halt processing of any concurrently filed interim benefits. But once you return the RFE they resume your processing. I've not seen it take ANOTHER 90 days in most cases.

[hanster 0]

An RFE does halt processing of any concurrently filed interim benefits. But once you return the RFE they resume your processing. I've not seen it take ANOTHER 90 days in most cases.

thank you all for the information. i didn't think it would take an extra time to be processed, at least not too much but i just wanted to be sure about it.

[shusterman 0]

It depends on what the RFE is asking for. If it's for an initial evidence, then it restarts. But if the RFE is only for additional information, then the 90 days does not restart but is just tolled until NBC receives your response, after which, the 90-day time period resumes from the point of interruption.

I found this document to be helpful in explaining the process. Scroll down to page 4, specifically, where it explains the processing of EADs, with or without RFEs (i.e. like supposedly making sweeps at Day 60 to identify pending EADs which have yet to be adjudicated.)

http://www.uscis.gov/files/pressrelease/El...88B_081806R.pdf

Hope this helps. Or something.

Edited February 22, 2007 by shusterman

[hanster 0]

It depends on what the RFE is asking for. If it's for an initial evidence, then it restarts. But if the RFE is only for additional information, then the 90 days does not restart but is just tolled until NBC receives your response, after which, the 90-day time period resumes from the point of interruption.

I found this document to be helpful in explaining the process. Scroll down to page 4, specifically, where it explains the processing of EADs, with or without RFEs (i.e. like supposedly making sweeps at Day 60 to identify pending EADs which have yet to be adjudicated.)

http://www.uscis.gov/files/pressrelease/El...88B_081806R.pdf

Hope this helps. Or something.

how would one know of the RFE is for "an initial evidence" or for an "additional evidence"? would my rfe letter indicate that?? i think i had to mail that back so i no longer have it. my rfe was for my wife's Birth certificate; we sent the short version of birth certificate vs. the long one so we had to resend them a long one. i have a feeling that this would qualify as initial evidence which would suck.

[Jahan&Veena 4]

It depends on what the RFE is asking for. If it's for an initial evidence, then it restarts. But if the RFE is only for additional information, then the 90 days does not restart but is just tolled until NBC receives your response, after which, the 90-day time period resumes from the point of interruption.

I found this document to be helpful in explaining the process. Scroll down to page 4, specifically, where it explains the processing of EADs, with or without RFEs (i.e. like supposedly making sweeps at Day 60 to identify pending EADs which have yet to be adjudicated.)

http://www.uscis.gov/files/pressrelease/El...88B_081806R.pdf

Hope this helps. Or something.

how would one know of the RFE is for "an initial evidence" or for an "additional evidence"? would my rfe letter indicate that?? i think i had to mail that back so i no longer have it. my rfe was for my wife's Birth certificate; we sent the short version of birth certificate vs. the long one so we had to resend them a long one. i have a feeling that this would qualify as initial evidence which would suck.

hanster,

I agree with rebeccajo, and I agree with her more now because of my own experience.

We received a RFE (yellow page clearly stating "Request for INITIAL evidence") for I-485. It took us over a month to reply to the RFE thanks to IRS' inefficiency. Our original application(s) were received on 10/10/06 but the reply to RFE was received on 11/30/06...well guess what, the 90 day countdown did NOT start until 11/30/06 and my EAD only got approved 2 days ago - 134 days from the original filing date!! We even had an InfoPass and were told the same thing: if INITIAL evidence is missing, 90-day countdown will NOT start until you reply!

So good luck!

[hanster 0]

I did not make a copy of the yellow page I received from requesting additional evidence but i just checked the email I received about it and it says:"We mailed you a notice requesting additional evidence". so i think that it is safe for me to say that they did not need "initial evidence", and therefore my processing resumed when they received my return to the RFE vs. starting the count from 0.

[cpinkley 0]

my rfe on-line too said additional evidence, BUT my letter said initial evidence! my initial evidence was a 1099 form. a birth cert. could certainly qualify as initial, but I do not know.

just a quick piece of advice-make sure you make a copy of EVERYTHING USCIS sends to you-I even print the emails I get-just to be safe! I made a best case and worst case scenario-best now! worst mid-April.

[hanster 0]

my rfe on-line too said additional evidence, BUT my letter said initial evidence! my initial evidence was a 1099 form. a birth cert. could certainly qualify as initial, but I do not know.

just a quick piece of advice-make sure you make a copy of EVERYTHING USCIS sends to you-I even print the emails I get-just to be safe! I made a best case and worst case scenario-best now! worst mid-April.

i just found a copy that i made of my rfe letter and it does indicated on the top "request fro INITIAL evidence". this sucks man, I really hope i do not have to wait for an extra month now before i get my EAD. it has been a month now since the last time they touched any of my applications, so i guess it won't be for another month now.

[cpinkley 0]

it's been about 1 month for me since rfe received-I had a couple LUDs shortly after rfe was received like you and nothing till today. so you certainly could see updates in a month-let's hope. you aren't too far behind me as far as dates.

[hanster 0]

I wonder if everybody's RFE letters say "Initial evidence" or whether some actually say "additional evidence". i mean since both cpinkley and I received emails saying "additional evidence" but the actual letters say "initial".

did anybody receive an RFE letter saying "additional evidence"??

[Jahan&Veena 4]

hanster,

Our second RFE (sent by CSC) is actually a blue sheet and it does say "the office needs the ADDITIONAL evidence or information stated on the attached sheets..."

It is worthwhile to note that my EAD was still pending when I got the online notice of this RFE on 02/15/07. My EAD status, which had NO touches or what so ever also got a touch on 02/15/07 - the same day RFE was generated and I was almost certain that this second RFE would further delay my EAD. I suspected so because the online status for AOS RFE said "This case will be held in suspense until you reply with the information requested or the opportunity to submit info is expired."

I thought that this will also put my EAD in suspense which is why they touched it on the same day they generated the RFE. But to my surprise, my EAD got approved on 02/21/07. I replied to the RFE today.

Hope this helps.

[Killer_Clown_2009 0]

That's really interesting. I wonder if the touch on your EAD was an approval and happened before the RFE was sent.

I know my own EAD was actually approved in the 13th (and I was touched that day too), even though I didn't get the card production email until the 21st.