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Does an RFE on form I-485 delay processing on form I-765 (EAD) when file together?

By quesma in Adjustment of Status Case Filing and Progress Reports

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quesma Enthusiast

quesma   10

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Filed: K-1 Visa Country: Pakistan
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Hi VJs,

I filed form I-765 Employment Authorization Document along with my I-485 adjustment of status. Yesterday I got an RFE and I was told to submit some documents so my I-485 case can proceed. I want to know that will this RFE delay my EAD card too? by which I mean, is I-765 now dependent on I-485's processing since they were filed together?

Thank you!

teeak Proficient

teeak   224

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Filed: FB-2 Visa Country: Bangladesh
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Yes, you will not receive the EAD until the RFE for the I-485 has been satisfied.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

teeak Proficient

teeak   224

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Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Yes, the I-765 is also on hold. Once you respond to the RFE, and USCIS is satisfied with the response, your EAD application will start moving forward again.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

Ash.1101 Experienced

Ash.1101   1,756

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

Honestly it depends on who you're asking. There are people who say it affects it, there are those who say it doesn't, and there are people who receive RFE's after approval.

It seems very hit or miss, but I would prepare on the safe side and assume your EAD is on hold. Just complete your RFE ASAP, and get the ball rolling again. If your EAD is still in process, then no harm no foul.

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 
 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

FherJess Community Regular

FherJess   15

Posted
Filed: Country: Mexico
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Posted

Hi VJs,

I filed form I-765 Employment Authorization Document along with my I-485 adjustment of status. Yesterday I got an RFE and I was told to submit some documents so my I-485 case can proceed. I want to know that will this RFE delay my EAD card too? by which I mean, is I-765 now dependent on I-485's processing since they were filed together?

Thank you!

My husband received an RFE on his I-485 packet, specifically for his joint sponsor. (It wasn't a complicated RFE to resolve)

Anyway, that RFE was on February 3rd.

On March 26th his EAD & travel permit was APPROVED.

Meanwhile, the status of the RFE was stuck on "we've received your response to an RFE..."

It was like that for 3 months and then on June 11th we recieves notice in the mail to appear at the interview.

I guess my point is that it really does depend. It appears that the RFE for the I-485 didn't affect my husband receiving his EAD/travel combo card.

Definitely send in your RFE response as soon as you can though.

quesma Enthusiast

quesma   10

Posted
Filed: K-1 Visa Country: Pakistan
 Timeline
  • Author
Posted

My husband received an RFE on his I-485 packet, specifically for his joint sponsor. (It wasn't a complicated RFE to resolve)

Anyway, that RFE was on February 3rd.

On March 26th his EAD & travel permit was APPROVED.

Meanwhile, the status of the RFE was stuck on "we've received your response to an RFE..."

It was like that for 3 months and then on June 11th we recieves notice in the mail to appear at the interview.

I guess my point is that it really does depend. It appears that the RFE for the I-485 didn't affect my husband receiving his EAD/travel combo card.

Definitely send in your RFE response as soon as you can though.

My RFE is also related to I-864. Your case is a good example. I hope I get my EAD soon too. When did you send your papers to satisfy the RFE? I mean you got an RFE on Feb 3rd, when did you reply back?

FherJess Community Regular

FherJess   15

Posted
Filed: Country: Mexico
 Timeline
Posted

My RFE is also related to I-864. Your case is a good example. I hope I get my EAD soon too. When did you send your papers to satisfy the RFE? I mean you got an RFE on Feb 3rd, when did you reply back?

I don't recall the exact date we mailed it but the status online said "on March 4th we recieved your response to an RFE...."

I do know we did wait about 2-3 weeks because we ended up waiting for the joint sponsor to file their income taxes and we sent in last year's tax transcript for the joint sponsor.

Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

Take a look at this pertinent thread: http://www.visajourney.com/forums/topic/528188-will-rfe-for-i485-halt-i765-decision/

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

quesma Enthusiast

quesma   10

Posted
Filed: K-1 Visa Country: Pakistan
 Timeline
  • Author
Posted

Many thanks. This helped a lot. In that thread there was a link to the USCIS website which helped a lot. For the record the link is: https://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

 
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