The Truth on RFE

[thepostagestamp 16]

I have read so many different opinions on what happens when you receive an RFE on i-485 - it appears as though there are no hard and fast rules on this.

I've read that an RFE can set back the whole process with regards to EAD/AP. Some have said that the RFE can reset the 90 day clock back to the beginning, I've also read that it stops the clock and resumes when uscis receive your response.

I spoke with a lawyer who told me that RFE on i-485 has no bearing on the EAD/AP process because they are processed separately.

Curious as to what actual results people have experienced? Thanks!

[Pitaya 2,577]

See if this this link helps answer your question:

http://www.visajourney.com/forums/topic/528188-will-rfe-for-i485-halt-i765-decision/

[Amhara 460]

This may help too:

https://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

Notice the difference between receiving an RFIE and an RFAE. I think the first two bullets talk about the GC petition by itself. As far as the EAD:

"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 the reason for your RFE is important enough to stop the entire petition, such as you forgetting to include Form I-94 or proof of lawful inspection, then yes, that will stop your EAD.