Does an RFE for I-485 affect EAD?

[Asamu 0]

I got a letter (on pink paper), that is requesting additional info on our previous taxes. That is clear to me. However,

there is a clause that reads -

You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii) until ninety (90) days after the missing intial evidence is received.

Mind you I have also filed for my EAD. I just can't believe this statement if I am reading it right.... are they saying this

RFE will delay my EAD by 90 more days?

Kindly clarify this for me, if anyone else has gone through this...

Thanks in advance!

Asamu

[Shub 78]

Don't worry about it, just send them the requested documentation and processing should resume normally, based on what I've read here (lots of people get the same thing and ask the same question, apparently).

[Otto 83]

I got a letter (on pink paper), that is requesting additional info on our previous taxes. That is clear to me. However,

there is a clause that reads -

You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii) until ninety (90) days after the missing intial evidence is received.

Mind you I have also filed for my EAD. I just can't believe this statement if I am reading it right.... are they saying this

RFE will delay my EAD by 90 more days?

Kindly clarify this for me, if anyone else has gone through this...

Thanks in advance!

Asamu

We got an RFE on our AOS (having filed both AOS and EAD at same time) - got the same RFE notice - wondered the same thing as you - We sent our RFE notice back with the requested information immediately. That said, it didn't seem to cause any delay in the EAD. I'm assuming you plan to respond to the RFE right away..

[Asamu 0]

I got a letter (on pink paper), that is requesting additional info on our previous taxes. That is clear to me. However,

there is a clause that reads -

You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii) until ninety (90) days after the missing intial evidence is received.

Mind you I have also filed for my EAD. I just can't believe this statement if I am reading it right.... are they saying this

RFE will delay my EAD by 90 more days?

Kindly clarify this for me, if anyone else has gone through this...

Thanks in advance!

Asamu

We got an RFE on our AOS (having filed both AOS and EAD at same time) - got the same RFE notice - wondered the same thing as you - We sent our RFE notice back with the requested information immediately. That said, it didn't seem to cause any delay in the EAD. I'm assuming you plan to respond to the RFE right away..

Yup, I got to! I am keen to step out of the house and become a productive member of my family... ;-)

Thanks for your response!!

Don't worry about it, just send them the requested documentation and processing should resume normally, based on what I've read here (lots of people get the same thing and ask the same question, apparently).

I will try to take deep breaths! My hands were shaking when I was openning that envelope...

My mind was racing... asking myself - good lord! what can it be this time!

Anyhow, thanks for your response!!

[Asamu 0]

Reading further... the second page talks about medical info.

Now - what on earth do they mean - Do NOT hold your medical until your I-485 interview.

Do they mean go ahead and have your medical info as soon as possible or do not submit your medical

till you have an interview date?

**I need to go back to school, just to understand all this these letters***

aahh, help!

Asamu

[bradcanuck 1]

I hope it doesn't actually cause a 90 day delay. I've been EAD processing for 103 days already, I can't handle another 70-80 days.

[no name 1]

Reading further... the second page talks about medical info.

Now - what on earth do they mean - Do NOT hold your medical until your I-485 interview.

Do they mean go ahead and have your medical info as soon as possible or do not submit your medical

till you have an interview date?

**I need to go back to school, just to understand all this these letters***

aahh, help!

Asamu

What is the RFE asking for?

[Asamu 0]

Reading further... the second page talks about medical info.

Now - what on earth do they mean - Do NOT hold your medical until your I-485 interview.

Do they mean go ahead and have your medical info as soon as possible or do not submit your medical

till you have an interview date?

**I need to go back to school, just to understand all this these letters***

aahh, help!

Asamu

What is the RFE asking for?

It's asking for a complete and signed Form I-693 - Medical Examination of Aliens Seeking Adsjustment of Status.

I wonder if it was something I over looked as I was filling out I-485... oh, boy!

Thanks for your help!

Asamu

[Cloudy9 11]

I got a letter (on pink paper), that is requesting additional info on our previous taxes. That is clear to me. However,

there is a clause that reads -

You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii) until ninety (90) days after the missing intial evidence is received.

From my experiences what this is telling you is: EAD's take around 3-4months to get. Should you not receive yours by 90 days you can make an infopass appointment and get an interim ead til the real one arrives. You can't get this interim until 90 have past.

[sj5 4]

I got a letter (on pink paper), that is requesting additional info on our previous taxes. That is clear to me. However,

there is a clause that reads -

You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2( B) (10)(ii) until ninety (90) days after the missing intial evidence is received.

Mind you I have also filed for my EAD. I just can't believe this statement if I am reading it right.... are they saying this

RFE will delay my EAD by 90 more days?

Kindly clarify this for me, if anyone else has gone through this...

Thanks in advance!

Asamu

Asamu, don't stress your mind about this stuff. My toddler received these messages "You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(10)(ii) until ninety (90) days after the missing intial evidence is received."

[~pinaybeauty~ 0]

I got a letter (on pink paper), that is requesting additional info on our previous taxes. That is clear to me. However,

there is a clause that reads -

You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii) until ninety (90) days after the missing intial evidence is received.

Mind you I have also filed for my EAD. I just can't believe this statement if I am reading it right.... are they saying this

RFE will delay my EAD by 90 more days?

Kindly clarify this for me, if anyone else has gone through this...

Thanks in advance!

Asamu

Hi there,

We both the got the same notice.So sad to know.I hope it will resume soon and so our EAD will be processed by God's Grace.

[Caladan 19]

I got a letter (on pink paper), that is requesting additional info on our previous taxes. That is clear to me. However,

there is a clause that reads -

You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii) until ninety (90) days after the missing intial evidence is received.

Mind you I have also filed for my EAD. I just can't believe this statement if I am reading it right.... are they saying this

RFE will delay my EAD by 90 more days?

Kindly clarify this for me, if anyone else has gone through this...

Thanks in advance!

Asamu

Under law, they have ninety days from the time you filed to approve your EAD. On day 91, you have a claim against them and can try to get interim employment from your local office.

Now, in your case, you have an RFE. Under the law, that means that they're now not bound by the original filing date. This is because your EAD is dependent on your I-485; if they can't get your I-485 to a reasonable point, they can't approved work authorization based on that. (Plus, you have a certain number of days to respond to the RFE, etc.)

So what that note is saying is that according to the law, your 'new' filing date is when they receive your RFE, and that the law says from there, they have ninety days to approve it. If they don't, it's now on day 91 from when they received your RFE that you have the right to request interim authorization.

Now, in practice, it usually doesn't take long after they receive your RFE for them to approve your EAD. So it shouldn't take them another 90 days. (With the backlog, though, it might be longer than usual, because everyone who filed has to either get an RFE or an approval within 90 days. Meaning that you might be less of a priority.)

But it does mean that your new date for having recourse against them is now 90 days from when they receive it. But if you look at people's timelines, it doesn't usually amount to resetting the clock.

[PaulineA 1]

Reading further... the second page talks about medical info.

Now - what on earth do they mean - Do NOT hold your medical until your I-485 interview.

Do they mean go ahead and have your medical info as soon as possible or do not submit your medical

till you have an interview date?

**I need to go back to school, just to understand all this these letters***

aahh, help!

Asamu

What is the RFE asking for?

It's asking for a complete and signed Form I-693 - Medical Examination of Aliens Seeking Adsjustment of Status.

I wonder if it was something I over looked as I was filling out I-485... oh, boy!

Thanks for your help!

Asamu

Have you had the medical done? If not, I would make an appointment with a civil surgeon ASAP. He will fill out the I-693 that is required. I also got an RFE for the same thing. I was told by my lawyer that they don't need this until the interview, but that was wrong obviously, as I got an RFE for no medical report.