Case status change

[E and R 8]

We just got notifications that we were receiving an RFIE that was mailed out today. I was very surprised because for the last several weeks the case has had a status of ready for interview. I was pretty confident the next notification would be the interview appointment information.

I called the customer service number and the rep there told me that he has seen this to mean for some cases that they may be looking to bypass the interview and make a decision beforehand with additional information by mail. Has anyone else had this happen to them? I was initially aggravated and frustrated when I got the notifications but am now thinking this might be a good thing. Hoping others have seen the same thing happen that can shed some light if this will mean a quicker GC or an additional month for processing.

Cheers to all. Hope everyone is getting great news. Lots of case status updates happening.

[TBoneTX 45,313]

*** Thread is moved from the AOS/Family-Based main forum to the Case Progress subforum. ***

[Ebunoluwa 6,136]

What customer service told you is true but there is still a chance for an interview, 50-50.

[E and R 8]

Thanks. Do you know if this will delay approval of the EAD? We are sweating that one a little now. No concerns if we have an interview but like with everyone else don't want the delays, especially now with the EAD. I've studied the rules on the USCIS site processing and RFE and RFIE and how they affect EAD/AP's and from what I can see that if all the documentation required is sent with the applications they will just pend the EAD for any RFE or RFIE information and not reset the clock.

Edited June 2, 2016 by rob2817

[Ebunoluwa 6,136]

Not really reset the clock but there would be a slight delay until RFE is received, EAD is paused.

[E and R 8]

Found this on the USCIS site that confirms what you said. Thanks for the help.

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

[Ebunoluwa 6,136]

So is your request for 'initial evidence' ? Or just additional ? You mentioned RFIE in your post as in initial evidence in which case
it would reset the clock and that would suck.

We are dealing with renewal of EAD/AP and that sucks too.

[E and R 8]

It says RFIE which is why I was baffled when I called CS. It had been sitting in ready for interview for three weeks until yesterday and then RFIE request. The only thing I can think of they would want is the I-693 which was provided two weeks ago during an info pass and they didn't match it up yet. Thoughts?

[Ebunoluwa 6,136]

I don't think the I-693 would be considered an RFIE because the DS3025 if complete is enough, if not complete they would
send an RFE but who knows; some IO's don't RFE at all for the I-693 even though the DS3025 was incomplete or over a year old.

[E and R 8]

So is your request for 'initial evidence' ? Or just additional ? You mentioned RFIE in your post as in initial evidence in which case

it would reset the clock and that would suck.

We are dealing with renewal of EAD/AP and that sucks too.

Your application has been pending more than a year?

[Ebunoluwa 6,136]

Yep.

[nab-400 16]

I am sure the RFE you will receive asking for more evidence that relationship is valid, this case happen to me and we did send new evidence like new house we bought together and live issuance, after i few weeks i received 10 Yrs Green card with no Interview

[E and R 8]

I am sure the RFE you will receive asking for more evidence that relationship is valid, this case happen to me and we did send new evidence like new house we bought together and live issuance, after i few weeks i received 10 Yrs Green card with no Interview

That would be amazing! How did that affect your EAD application? Did that stay on track or did you see a delay with that?

[nab-400 16]

it was a few weeks late. i was actually waiting for letter from them and instead a got a green card

[E and R 8]

it was a few weeks late. i was actually waiting for letter from them and instead a got a green card

Probably a stupid question but since you got your green card then you didn't need an EAD, correct?