EAD waiting time after RFE for initial evidence

[puffers 14]

Hi everyone,

I couldn't really find much about this and I'm getting really frustrated so I'm hoping to find some people who had the same problem I have. I applied for AOS/EAD in early June, got a NOA 1 with the receive date of June 10th, had my biometrics June 30th and in July, I got an RFE for my AOS (initial evidence). I sent the requested documents to USCIS and the update online says they received it July 31st.

In August (after 75 days) I put in a case inquiry (through the USCIS website) for my EAD, and I got a letter that says:

"Your case is within our current processing time. [...] Our systems show that we received your response to our RFE on your form I-485 on 7/31/2015. Your form I-765 will be processed within 90 days of the receipt of the requested evidence."

So basically, it can take until November... Now, I'm hoping to find people who had the same problem, and I'd like to know if there is anything I can do, like put in another case inquiry, or if I really just have to wait.

Thanks,

puffers

[Alaska2012 462]

Just wait. Nothing you can do at this point

[PerditaD 35]

Here's my timeline, hope it helps:

Date Filed : 2014-11-26

NOA Date : 2014-12-06

RFE(s) : 2014-12-26

Bio. Appt. : 2014-12-31

RFE response received by USCIS: 2015-01-06

EAD/AP approved: 2015-02-18

It seems that request for initial evidence can reset the 90 days for EAD and AP but I don't think that happens that often. I truly believe you'll get an update any day now. Good luck!

Edited September 11, 2015 by PerditaD

[puffers 14]

Thanks guys!

That timeline does help, gives me a little hope that it's not gonna be another 90 days.

But I guess all I can do is wait.

[hir0 49]

If you have a job offer you can request an expedite, you will just need a potential employment letter with a letterhead.

May 18, 2015 sent AOS, EAD, AP

May 20, Docs received by USCIS

June 16, 2015 Biometrics

June 20, 2015 I receive RFE letter for I-485 (dated 06/16)

(all my cases were put on hold)

July 14, 2015 RFE received by USCIS

( at this point the countdown for all my cases started back at 0)

September 9, RIE (Request Initial Evidence) notification for I-485

(all my cases are put on hold and once they receive the document requested the countdown will start back at 0)

Some are more fortunate and get an approval/denial quick, I waited 2 months, no update and now a second Request for Evidence, I started this in May and unless I get an expedite, I might not see my combo card (EAD/AP) until 2016 =.=

I hope you will get it soon, good luck !!

[puffers 14]

Aww man, I'm so sorry.

I hope I don't get another RFE. And I hope for you that you don't have to wait that long!

:/

[POM 21]

Don't lose hope puffers!

Even though USCIS might tell you that EAD processing takes 90 days AFTER the RFE response has been received, the pattern seems to reflect that MOST applicants are still approved well before the 90 day mark.

If you take a look at my timeline, I got my approval in about 3 weeks after they notified me of the RFE response.

I hope your approval comes in a timely manner.

Keep us updated and stay strong. I wish you the best!

Edited September 11, 2015 by POM

[POM 21]

EDIT: double post

Edited September 11, 2015 by POM

[puffers 14]

Thank you. It's already been 41 days since the RFE response (and little over 90 since NOA 1), so worst case scenario would be another 50 days, which isn't even 2 months... Still, it gets frustrating, especially not knowing how much longer I'll have to wait makes me really nervous. But I know some people have been waiting even longer.

Thanks everyone for your moral support

[puffers 14]

Btw. I see our timelines are very similar. With the only difference that you have your EAD, and I don't. That's what makes it so frustrating, I feel like some people have to wait longer after an RFE and some people don't.

[POM 21]

Btw. I see our timelines are very similar. With the only difference that you have your EAD, and I don't. That's what makes it so frustrating, I feel like some people have to wait longer after an RFE and some people don't.

Did you happen to send the RFE response in First class/Priority mail to the P.O. BOX?

What i found out when i got my yellow RFE letter was that If you send the RFE response in Express mail or Courier service, they tell you to send it directly to the USCIS office's Adjustment Of Status department instead of the P.O. BOX where most of the people send their documents to. I feel like this made a huge difference in my processing time. but its just a speculation on my part.

[puffers 14]

I don't know, we had our lawyer send it. But either way, it says on my status they received it 7/31.

[POM 21]

I don't know, we had our lawyer send it. But either way, it says on my status they received it 7/31.

Have you tried contacting your congressman for a USCIS inquiry? you can try to request a expedite on the basis of financial hardship.

I'm not sure of the chances of being expedited that way but i've seen people on here go this route with success.

How does your lawyer feel about your Form I-765/I-131 taking this long?

[puffers 14]

I didn't think I could contact a congressman as long as it's within processing times. How do I do that?

Our lawyer is pissed.. But that's about it. Nothing he can do.

[POM 21]

I didn't think I could contact a congressman as long as it's within processing times. How do I do that?

Our lawyer is pissed.. But that's about it. Nothing he can do.

You have to find the congressman in your district, go to his website and you'll see a page that says something like "help with a federal agency"

Pick the appropriate catagory (Immigration in this case) and they will have you fill out a privacy release form and send it to them with your situation and asking them to expedite on your behalf.

At this point, A case worker in the congressman's office will be assigned to look into your matter and contact USCIS on your behalf and if all goes well, they will expedite you or at the very least, have a second set of eyes on your EAD application.

Good luck!