I-485 and I-765 clock re-start?

[Visitor User 253]

RD Date: 10/4/17 for I-485 and I-765.

 

Biometrics completed on 11/6/17.

 

RFIE/RFE on 4/30/18 on I-485 for Birth Certificate.

 

My lawyer should be submitting a response on Monday (7/9/18) if everything looks OK on my Birth Certificate with English Translation.

 

I wonder if my clock will start over for both applications? No RFIE/RFE on I-765 though.

 

Is it a good idea to submit secondary evidence say Affidavits as well?

[geowrian 22,338]

An RFE pauses the clock and an RFIE resets it in terms of how USCIS considers the applicaiton to be outside normal application timeframes. Practically, both seem to only pause actual processing.

 

An RFE/RFIE on the I-485 pauses processing on all dependent applications (such as I-131 and I-765).

[mushroomspore 3,044]

Don't send secondary evidence as that's not what the RFIE was asking for. Just save that for your interview.

[Visitor User 253]

2 hours ago, geowrian said:

An RFE pauses the clock and an RFIE resets it in terms of how USCIS considers the applicaiton to be outside normal application timeframes. Practically, both seem to only pause actual processing.

 

An RFE/RFIE on the I-485 pauses processing on all dependent applications (such as I-131 and I-765).

I have read about the RFIE clock re-starts and continuation on RFE but I have also heard of people getting their EAD quicker than the 90 day estimate. I guess it depends on how complex the case is?

 

My RFIE also says RFE not sure why but the only document they are requesting is the BC with English translation. What is a pause of actual processing vs other processing types?

[geowrian 22,338]

14 minutes ago, Visitor User said:

I have read about the RFIE clock re-starts and continuation on RFE but I have also heard of people getting their EAD quicker than the 90 day estimate. I guess it depends on how complex the case is?

 

My RFIE also says RFE not sure why but the only document they are requesting is the BC with English translation. What is a pause of actual processing vs other processing types?

Currently, AP and EAD are usually taking 3-6 months. Some do get it sooner, and some get it later. I'm not aware of any rhyme or reason why (barring expedites), sorry.

 

What was meant is the clock for when USCIS considers the case to be outside normal timelines is paused, but generally I haven't noticed them actually taking longer to receive whether it's an RFE or RFIE.

[Visitor User 253]

1 minute ago, geowrian said:

Currently, AP and EAD are usually taking 3-6 months. Some do get it sooner, and some get it later. I'm not aware of any rhyme or reason why (barring expedites), sorry.

 

What was meant is the clock for when USCIS considers the case to be outside normal timelines is paused, but generally I haven't noticed them actually taking longer to receive whether it's an RFE or RFIE.

My lawyer and I did not file for AP since I do not qualify for it.

[Visitor User 253]

1 hour ago, mushroomspore said:

Don't send secondary evidence as that's not what the RFIE was asking for. Just save that for your interview.

Oh ok. I thought the RFIE would look strong if I sent in Primary and Secondary. I will talk to my lawyer to see what he says. Should I still get 2 Affidavits with Notarized?

 

The BC that they are asking is what I have now since it matches what it says in the Travel site as well but I also have the local consulate issued BC. Send in both BC's?

Edited July 9, 2018 by Visitor User

[A&H2018 148]

What is the basis of your i485?

[Visitor User 253]

1 hour ago, A&H2018 said:

What is the basis of your i485?

Approved I-130. USC Mother petition.

[geowrian 22,338]

Why don't you qualify for AP then? It's free and generally awarded to AOS applicants.

[A&H2018 148]

1 minute ago, geowrian said:

Why don't you qualify for AP then? It's free and generally awarded to AOS applicants.

Was going to ask same, also why is it taking your lawyer so long to answer an RFIE for birth information? Were you not able to get the information earlier.

[Teemo 252]

12 hours ago, Visitor User said:

My lawyer and I did not file for AP since I do not qualify for it.

I think you're wrong. Some lawyers are dead wrong about AP because the rules changed in 2012/2013 and some of them don't realize it. Please clarify your situation as it would be a huge negative for you not to apply for work authorization and advance parole when you are entitled to apply for them. 

Edited July 9, 2018 by Teemo

[Visitor User 253]

4 hours ago, geowrian said:

Why don't you qualify for AP then? It's free and generally awarded to AOS applicants.

Adjusting under I-485 Supplement A. 

[Visitor User 253]

4 hours ago, A&H2018 said:

Was going to ask same, also why is it taking your lawyer so long to answer an RFIE for birth information? Were you not able to get the information earlier.

Adjusting under I-485 Supplement A. 

 

I was working on to obtain my Birth Certificate since they did not accept the Extract of my BC (That is all that was given out then).  

[Visitor User 253]

4 hours ago, Teemo said:

I think you're wrong. Some lawyers are dead wrong about AP because the rules changed in 2012/2013 and some of them don't realize it. Please clarify your situation as it would be a huge negative for you not to apply for work authorization and advance parole when you are entitled to apply for them. 

Adjusting under I-485 Supplement A. 

 

245i grandfathered rule.

 

 We did apply for I-765 though.