RFIE after 6 months still no EAD. USCIS respond to say clock reset!

[Joey94 5]

So after waiting 6.5 months I received an RFIE for my I-485 based on wrong version of my birth certificate. 

I filed Jan 5th 2018. Received RFIE end of June. Sent response to which they received 7th July 2018.

I raised an inquiry into my i-765 as I've been waiting 6.5 months now. Today they sent me a letter back to day I'm in normal time because my clock has been reset back to 0!

 

After 6.5 months I have to do this whole wait all over again!!!!!!? Anyone else had experience with an RFIE so long after your PD and how it affected your EAD/AP?! 

[azblk 338]

Nothing you can do now but wait. Alternatively you can search for a job and if you get a job offer you can try and expedite the EAD with your job offer.

[Joey94 5]

4 minutes ago, azblk said:

Nothing you can do now but wait. Alternatively you can search for a job and if you get a job offer you can try and expedite the EAD with your job offer.

I know that's all I can do but it seems crazy. Another 6 months and that's a year without a work permit!!! Never heard of anyone waiting that long. Anyone had this same experience as me? 

[italiansf 40]

Do you have a lawyer?

[Joey94 5]

4 hours ago, italiansf said:

Do you have a lawyer?

Yes, my lawyer said the letter means that I'm in normal processing still because the days were paused then resumed again not restarted from the beginning. However I don't know how accurate that is, if you read the letter I got it clearly states that I have a new PD for I-765 :/ 

 

[Visitor User 253]

What exactly is a wrong version of BC?

 

Here is my case similar to yours:

 

How common is it to get a RFIE/RFE a second time? 

 

I received a RFIE for Birth Certificate with English Translation and the RFIE always has all the documents they need before they can move further right? Only document listed in there was my BC. The RFIE also has the acronym RFE in it. 

 

What are the chances I will get a second RFIE/RFE a second time for a another document required? 

 

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

 

Biometrics completed: 11/06/17. 

 

RFIE: 4/30/18 for I-485.

 

I will be submitting my BC before the deadline. 

 

Is it 87 days from the day I got it to mail box which was 3 days after RFIE. 

 

So I have 90 days from 4/30/18 to submit it?

[italiansf 40]

26 minutes ago, Joey94 said:

Yes, my lawyer said the letter means that I'm in normal processing still because the days were paused then resumed again not restarted from the beginning. However I don't know how accurate that is, if you read the letter I got it clearly states that I have a new PD for I-765 :/ 

 

And he didn't realize about the wrong version of your birth certificate?

 

I read it.. It is crazy!

[Joey94 5]

26 minutes ago, italiansf said:

And he didn't realize about the wrong version of your birth certificate?

 

I read it.. It is crazy!

Nope my lawyer didn't realise it was the wrong version! 

[italiansf 40]

6 minutes ago, Joey94 said:

Nope my lawyer didn't realise it was the wrong version! 

 

 

[Joey94 5]

Update for other people that may go through what I did and can't find answers the same way I couldn't. 

It's been 18 days since USCIS updated to rsay they received my response for initial evidence.

My work permit updated to being produced yesterday and my I-485 updated 2 days ago to "was scheduled for interview". 

So shocked in already getting an interview! My clock didn't reset at all it was just temporarily put on hold. The website and customer service lines give wrong information, talk to a tier 2 officer if you ever get in my situation .

[italiansf 40]

Glad to read this!

[Visitor User 253]

On 7/26/2018 at 8:53 AM, Joey94 said:

Update for other people that may go through what I did and can't find answers the same way I couldn't. 

It's been 18 days since USCIS updated to rsay they received my response for initial evidence.

My work permit updated to being produced yesterday and my I-485 updated 2 days ago to "was scheduled for interview". 

So shocked in already getting an interview! My clock didn't reset at all it was just temporarily put on hold. The website and customer service lines give wrong information, talk to a tier 2 officer if you ever get in my situation .

What is considered wrong version?

 

I am at 9 days since they got my BC with ET in the case tracker.

 

The new USCIS account on web says it’s no longer on hold so I am assuming it won’t reset. When is your interview?

Edited July 29, 2018 by Visitor User

[pigrew 34]

We also had a RFIE (though only after a few weeks).

 

Federal code 8 CFR 103.2(b)(10) states:

Quote

If a benefit request is missing required initial evidence, or an applicant, petitioner, sponsor, beneficiary, or other individual who requires fingerprinting requests that the fingerprinting appointment or interview be rescheduled, any time period imposed on USCIS processing will start over from the date of receipt of the required initial evidence or request for fingerprint or interview rescheduling.

Based on that, it does seem that processing time resets once the RFIE response is received, so I think they are correct in the denial of a service request. However, experiences posted online seem to show that it generally only pauses the processing, not resetting it.

 

Receiving a RFIE after six months seems quite excessive, but perfectly legal.

Edited September 3, 2020 by pigrew

[pigrew 34]

I missed one point in my previous post (and it's too late to edit it):

 

The letter seems to be wrong about the priority date. The priority date should NOT change (8 CFR § 103.2 (b) (10)(i)):

 

Quote

The priority date of a properly filed petition shall not be affected by a request for missing initial evidence or request for other evidence.

I think that they should meant to have said the new effective "filing" date was 7/6/18, not the priority date.

 

The law does go on to state that for normal RFE, the processing is only suspended, not restarted.

[madala 32]

On 7/26/2018 at 9:53 AM, Joey94 said:

Update for other people that may go through what I did and can't find answers the same way I couldn't. 

It's been 18 days since USCIS updated to rsay they received my response for initial evidence.

My work permit updated to being produced yesterday and my I-485 updated 2 days ago to "was scheduled for interview". 

So shocked in already getting an interview! My clock didn't reset at all it was just temporarily put on hold. The website and customer service lines give wrong information, talk to a tier 2 officer if you ever get in my situation .

What a relief! Good luck